One of the more important decisions when setting up a trust is deciding who will actually administer it. Sometimes a family member is well suited to the role, but if not, there are reasons to consider a corporate trustee instead: no relative able or willing to take it on, complex assets that call for professional management, concern about future incapacity, or a blended family where a neutral party can help reduce friction. A corporate trustee is simply an institution, not an individual, that takes on the legal responsibility of managing a trust’s assets and carrying out its terms.
This role tends to come up most often with irrevocable trusts, where assets are permanently set aside for beneficiaries, and someone must administer the trust for years or decades, independent of the person who created it. A revocable trust, by contrast- the kind many families set up primarily to avoid probate- is often administered by the family member who created it for as long as they’re able, with a successor stepping in later. Even so, some families choose a corporate trustee for a revocable trust from the start, for the same reasons noted above.
Whichever type of trust is involved, once a corporate trustee enters the picture, a further distinction becomes worth understanding. Roles can be structured in different ways, and there are two broad categories:
- A directed trustee executes administrative functions, recordkeeping, tax filings, and distributions according to the trust provisions, while the investment strategy and asset management are performed by another organization, often a separate investment advisor.
- An independent trustee, by contrast, holds full discretion over both administration and investment oversight, without direction from another party.
Some families work with a trust company that serves as both the directed trustee and the investment manager at once, and others split the responsibilities further still: an administrative trustee handling paperwork and compliance, a separate investment advisor managing the portfolio, and sometimes a distribution trustee whose sole job is deciding when and how funds are released to beneficiaries.
One structural question worth considering is whether the trustee and the investment manager are the same institution or two separate ones. Incentives drive behavior, and when a single company plays both trustee and investment manager roles, there may be conflicting incentives: a trustee’s job includes evaluating investment performance and controlling costs, but if that same institution is also being paid to manage the assets, sometimes through its own proprietary funds, its ability to objectively assess its own work may be somewhat limited.
This isn’t purely hypothetical. As reported by The Wall Street Journal (March 2016), banks serving as both trustee and manager have, at times, steered trust assets toward their own higher-fee proprietary products, occasionally at the expense of better-performing alternatives elsewhere. These arrangements may even cross the line into self-dealing, whether through retaining underperforming shares of the institution’s own stock or other decisions that favor the trustee over the trust.
Separating the two roles, with an independent trustee alongside a separate investment manager, creates a healthy system of checks and balances. The trustee primarily answers to your family, and the investment manager’s performance is directed and facilitated by another whose main goal is to adhere to the investment mandate in the best interest of the beneficiaries.
This does not mean a single institution acting as both trustee and manager is the wrong choice for every family. But it may be a distinction worth understanding before signing on, since it can shape how decisions about your trust are made for years to come.
Please reach out to your wealth manager if you’re exploring corporate trustee options.
Weekly Commentary
Choosing a Corporate Trustee: Why Separation of Duties Can Protect Your Family
Mallon FitzPatrick
One of the more important decisions when setting up a trust is deciding who will actually administer it. Sometimes a family member is well suited to the role, but if not, there are reasons to consider a corporate trustee instead: no relative able or willing to take it on, complex assets that call for professional management, concern about future incapacity, or a blended family where a neutral party can help reduce friction. A corporate trustee is simply an institution, not an individual, that takes on the legal responsibility of managing a trust’s assets and carrying out its terms.
This role tends to come up most often with irrevocable trusts, where assets are permanently set aside for beneficiaries, and someone must administer the trust for years or decades, independent of the person who created it. A revocable trust, by contrast- the kind many families set up primarily to avoid probate- is often administered by the family member who created it for as long as they’re able, with a successor stepping in later. Even so, some families choose a corporate trustee for a revocable trust from the start, for the same reasons noted above.
Whichever type of trust is involved, once a corporate trustee enters the picture, a further distinction becomes worth understanding. Roles can be structured in different ways, and there are two broad categories:
Some families work with a trust company that serves as both the directed trustee and the investment manager at once, and others split the responsibilities further still: an administrative trustee handling paperwork and compliance, a separate investment advisor managing the portfolio, and sometimes a distribution trustee whose sole job is deciding when and how funds are released to beneficiaries.
One structural question worth considering is whether the trustee and the investment manager are the same institution or two separate ones. Incentives drive behavior, and when a single company plays both trustee and investment manager roles, there may be conflicting incentives: a trustee’s job includes evaluating investment performance and controlling costs, but if that same institution is also being paid to manage the assets, sometimes through its own proprietary funds, its ability to objectively assess its own work may be somewhat limited.
This isn’t purely hypothetical. As reported by The Wall Street Journal (March 2016), banks serving as both trustee and manager have, at times, steered trust assets toward their own higher-fee proprietary products, occasionally at the expense of better-performing alternatives elsewhere. These arrangements may even cross the line into self-dealing, whether through retaining underperforming shares of the institution’s own stock or other decisions that favor the trustee over the trust.
Separating the two roles, with an independent trustee alongside a separate investment manager, creates a healthy system of checks and balances. The trustee primarily answers to your family, and the investment manager’s performance is directed and facilitated by another whose main goal is to adhere to the investment mandate in the best interest of the beneficiaries.
This does not mean a single institution acting as both trustee and manager is the wrong choice for every family. But it may be a distinction worth understanding before signing on, since it can shape how decisions about your trust are made for years to come.
Please reach out to your wealth manager if you’re exploring corporate trustee options.
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