Introduction

Being a trustee is an increasingly challenging role. Alongside the rise in the number of beneficiaries challenging trustee decisions, we are also seeing increasing criticism of the process trustees follow when reaching those decisions.

This forum will consider, through the lens of both the drafter/adviser and mediator/litigator, how to make robust trustee decisions, including advising trustees engaged in the decision making process as well as when and how past mistakes can be addressed. It will also explore options for trustees faced with significant or momentous decisions and consider whether the court’s blessing should be obtained for such momentous decisions.

Content outline 

• Part 1: The decision-making process
• Part 2: Advising trustees about the decision-making process
• Part 3: What to do when decision-making goes wrong
• Part 4: Seeking the court’s blessing for momentous decisions