Q&As

A Will in administration created a life interest trust which contains assets to be administered by trustees but no trustees have been appointed. Who can be appointed as a trustee and how?

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Produced in partnership with Paul Davies of Clarke Willmott
Published on: 23 April 2019
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The question acknowledges that there is a difference between the role of executor and the role of trustee. The function of the executor is to get in the estate and to clear it of debts, duties, and testamentary expenses. Once that has happened, the executor holds the net estate on trust for the persons who are entitled to it. If the Will contains a trust, then the trustees of that trust are the persons to whom the executor should then transfer the assets.

In practice, it is normal for the executors to be appointed also as trustees of any trusts arising under the Will, in which case, the division between the two roles can become

Paul Davies
Paul Davies

Paul Davies is a partner in the private client team of Clarke Willmott. He is a solicitor, a chartered tax advisor, and a member of the Society of Trust and Estate Practitioners, as well as being a chartered accountant (albeit no longer practising as such). He specialises in providing advice across the range of different tax and legal issues that face high net worth individuals, executors, and trustees.

Paul's work spans all areas of private client work, including wills, trusts of all kind, inheritance tax, succession planning, probate and estate administration, and lasting powers of attorney.

Paul acts as a professional trustee for a number of family trusts, and is also regularly called on to act as a professional executor.

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United Kingdom

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