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In trust law, a protector is a person appointed under the trust instrument to direct or restrain the trustees in relation to their administration of the trust.
- What Is A Protector of A Trust?
- Is The Protector of A Trust A Fiduciary?
- Can The Appointment of A Protector Undermine The Trust?
A protector of a trust is an individual who is appointed under a trust deed to exercise certain powers in relation to the trust. Unlike the term “trustee”, the term “protector” is not a term of art. The law does not recognize particular duties and powers implicit in the role of a protector of a trust as it does in the case of a trustee. It is up to...
Given that a protector of a trust may have significant influence over the trust, a question is whether the protector owes fiduciary or fiduciary like duties so that he must exercise his powers for a proper purpose. If so, the exercise by the protector of his powers may be subject to the court’s supervision. If not, the protector may exercise his po...
One risk of appointing a protector of a trust and vesting wide powers in him is that it may increase the possibility of a court finding that the trust is not, in fact, a trust. For example, if a person who settles a discretionary family trust appoints himself as protector and is, in effect, able to prevent the trustees from distributing trust asset...
信託關係主要存在於委託人、受託人及受益人三者，但有信託監察人參與，更能保護受益人利益、減少信託運作爭議。信託監察人即英美法下所稱之Trust Protector。可於信託契約中約定，亦可由法院基於保護受益人之利益，依利害關係人或檢察官之聲請而選任。
2024年2月16日 · Matthew Erskine. A recent CCM from the IRS raises questions about modification of an irrevocable trust, which is often the role of a trust protector. Here is a summary of what a trust protector...
- Matthew Erskine
A protector is a person who is not a trustee but who is given powers under a trust. The role of a protector is usually considered to be to monitor, oversee or control the administration of the trust by the trustees.
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Who is a trust protector?
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Can a trustee be a protector of a trust?
trustee. A role known as “protector” can be created in a trust. The protector usually has powers to replace the trustee, appoint new beneficiaries and exercise other powers to preserve the trust assets. Key takeaway A trust is great tool for wealth planning and
Protector. A protector can be appointed under the trust deed. The role of the protector is to provide for ‘checks and balances’ on the exercise of certain powers by the trustee and to supervise the trustee. This is achieved by granting the protector certain powers under the trust deed.
