Q&As

Can a non-UK resident be a trustee of a UK trust?

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Published on LexisPSL on 09/07/2019

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

  • Can a non-UK resident be a trustee of a UK trust?

Can a non-UK resident be a trustee of a UK trust?

The express terms of the trust should be reviewed as to any powers of appointment of trustees. Note that, subject to any express provisions in the trust document to the contrary, there is a statutory power to remove a trustee who has been outside the UK continuously for a period of 12 months contained in section 36(1) of the Trustee Act 1925.

Unless expressly forbidden by the terms of the trust power, the appointment of an alien or person out of the jurisdiction as a new trustee is valid. See

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