Equity Trustees | Special Purpose Trusts (2024)

FAQs

Equity Trustees | Special Purpose Trusts? ›

Establishing a trust

A Trustee is a person who acts as a custodian for the assets held within a Trust. He or she is responsible for managing and administering the finances of a Trust per the instructions given. Often, the person who creates the Trust is the Trustee until they can no longer fill the role due to incapacitation or death.

Unlike traditional trusts, a purpose trust is a type of trust which has no beneficiaries. The trust can be established and exist for specified purpose(s). Trusts for charitable purposes are also technically purpose trusts, but they are usually referred to simply as charitable trusts.

The primary purpose of a trust is to: allow one party to hold property for the benefit of another party. designate heirs to an estate. reduce estate taxes for the heirs of an estate.

The trustee's role is to administer and distribute the assets in the trust according to your wishes, as expressed in the trust document. Trustees have the fiduciary duty, legal authority, and responsibility to manage your assets held in trust and handle day-to-day financial matters on your behalf.

In a trust structure, a trustee holds your business for the benefit of others (the beneficiaries). A trustee can be a person or a company, and is responsible for everything in the trust, including income and losses.

A trustee is appointed to take control of certain assets of the debtor, bring these assets into the estate, and sell or distribute these assets for the benefit of creditors. Some assets will remain with the debtor if these assets are determined to be exempt from distribution to creditors.

Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.

The trust was an addition to the law of property, in the situation where one person held legal title to property but the courts decided it was fair just or "equitable" that this person be compelled to use it for the benefit of another.

What is the purpose of trustees? ›

Trustees are the volunteers who lead charities and decide how they are run. You may have heard them called board members or the board. Trusteeship is a great way of contributing to causes you care about and developing strategic and leadership skills at the same time.

The fundamental duties of a trustee are as follows: (1) the duty of good faith and loyalty; (2) the duty of reasonable skill and diligence; (3) the duty to give personal attention; and (4) the duty to keep and render accounts.

Opportunity to make a difference in your community - One of the most compelling pros of being a trustee is the ability to make a positive impact. Trustees have the opportunity to use their skills and talents to help others. They can also make a difference in the lives of the charity's beneficiaries.

It is not unusual for the successor trustee of a trust to also be a beneficiary of the same trust. This is because settlors often name trusted family members or friends to both manage their trust and inherit from it.

A trustee cannot act outside the authority granted to them by the trust. They must manage assets and investments according to its terms and not engage in activities not authorized by it.