Q&As

A is the beneficiary of personal injury trust. A's spouse, B, receives means-tested benefits. Is there any reason why B should not act as trustee of the trust?

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Published on LexisPSL on 27/05/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A is the beneficiary of personal injury trust. A's spouse, B, receives means-tested benefits. Is there any reason why B should not act as trustee of the trust?

Under general trust law, there is no restriction on the spouse of a beneficiary or settlor acting as trustee of a settlement. In fact, there is very little restriction on who may be appointed as trustee; anyone who has the legal capacity to hold the legal title to the trust property may be appointed a trustee of that property.

See Practice Note: Nature and classification of trusts—the nature and classification of trusts, which explains

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