The first duty of a trustee is to ensure that he has a thorough understanding of the trust for which he will act. Investigations must be carried out to ensure that he understands the terms of the trust; that is, whom he is acting on behalf of and why he’s doing so.
The trustee has a duty to adhere to the terms of the trust then to carry out those terms as long as they are enforced. He must perform his duties in accordance with any laws that are attached to the administration of the trust.
A trustee must act to such care and skill as is reasonable bearing in mind any special knowledge or experience he has. This is particularly relevant for professional trustees who may reasonably be expected to have special knowledge or experience.
A trustee must not breach any duty he has towards the trust. He must not put at risk trust property and in carrying out his duties he must put his own interests aside.
If there are allegations that a trustee has acted in an inappropriate manner we can advise on:-
- Enforcement proceeding
- Disciplinary action
- Inappropriate behaviour
- Misuse of charity funds