Protectors


Produced in partnership with Alison Cartin of Taylor Wessing LLP
Practice notes

Protectors


Produced in partnership with Alison Cartin of Taylor Wessing LLP

Practice notes
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What is a Protector?

A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is independent of the trustees. The protector’s role is usually to monitor, oversee or exercise a degree of control over the trust by the trustees. It is common for a settlor to choose to provide for a protector where a third party/institutional trust company is appointed as trustee.

Why have a protector?

It is not a requirement to have a protector of a trust. The settlor of a trust will need to decide whether or not to provide for a protector.

The power most commonly given to a protector is the power to appoint and remove the trustees of the trust. If there is no protector or no person (who is independent of the trustees) who holds this power, then difficulties can arise if the beneficiaries are unhappy with the trustees and the trustees refuse to retire.

Appointing a protector may also dilute the trustees’ absolute control over the assets placed

Alison Cartin
Alison Cartin

Associate Director, Taylor Wessing LLP

Alison is a Knowledge Development Lawyer for the Private Client Group, responsible for the team's know how and training needs and monitoring legal and market developments. She regularly leads both in-house and external client training events and writes materials for the Bryan Cave Leighton Paisner Tax blog and clients. Prior to becoming a Knowledge Development Lawyer in 2004, Alison advised high net worth individuals and the international wealth management institutions that serve them on the full spectrum of contentious and non-contentious private client issues. She has extensive experience advising on cross-border tax and wealth planning issues and has been involved in advising governmental and regulatory bodies on the cross-border exchange of information in tax matters and international tax agreements. She is a member of the Society of Trust & Estate Practitioners (STEP).

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Jurisdiction(s):
United Kingdom
Key definition:
Protector definition
What does Protector mean?

A protector is a person chosen by the settlor holding powers under a trust but who is not a trustee and is independent of the trustees. The protector’s role is usually to monitor, oversee or control the administration of the trust by the trustees.

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