Requirements
for Effective Trust Management:In addition
to the attributes of a good trustee, a trustee must be able to manage a Trust effectively.
If a trustee does not personally have the necessary expertise, he or she must know enough
to hire other advisors and work well with them. The following list includes some of the
important management issues:
- Investment expertise is an important factor in Trust
management. If the trustee(s) lack the expertise, they should have the ability to hire and
work with an investment manager.
- Business sophistication is important if the Trust owns
non-financial assets such as real estate or businesses. If a business is very specialized,
then a family member or business associate with expertise may need to be considered even
if there are impartiality issues. Usually, a corporate trustee will not wish to hold
businesses, real estate, art or other non-financial assets.
- Accounting and tax-planning expertise - if the trustee is
not an expert in these areas, they must hire the appropriate individuals. Planning policy
and decisions cannot be delegated by a trustee so they must know enough about Trust tax
and accounting laws to work effectively with those they hire for assistance. Corporate
fiduciaries have a definite advantage over nonprofessional individual trustees in this
area.
- Recordkeeping and reporting ability - a trustee must make
sure that there is careful long-term record storage and that information in available to
produce reports of receipts, disbursements and assets of the Trust as required under the
Trust instrument.
- Financial security - as it refers to the security of the
funds entrusted to the trustee. It is important to have Trust assets deposited with
financial institutions with a system to monitor the assets. Likewise, if there are
significant non-financial assets, there must be a system of checks and balances to review
the acts of the person administering the Trust.
In summary, a Trust is a complex and enduring entity, so
careful thought needs to be given when setting one up. No one is able to predict future
events, but we can be certain that unexpected and difficult issues will arise over the
course of time. A good Trust instrument will allow a trustee flexibility to meet the
changing needs of beneficiaries in a way that the grantor would approve. A good trustee
will use the flexibility of a Trust instrument to adapt to the complex and changing needs
of those the Trust is intended to serve.
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