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Trust governance models
The International Family Offices Journal
Vol. 1 - Iss. 4 pp. 28–38
Jun 2017
The author delves into the operating framework of trusts in terms of their governance structure. The purpose is to show the variety and enable family offices and advisers to choose a model that fits the family's needs. In this innovative, clear review there are four types of trust governance models. Unitary trust. The trustee is vested with all of the trustee powers. The trustee has the power to make distributions and to invest the trust property. The trustee also has all the administrative powers. Directed trust. The trustee is vested with all of the trustee powers, except that, with respect to certain powers, the trustee may act only in accordance with another person's direction. For example, a person other than the trustee may have the power to direct the trustee to make distributions or the power to direct the trustee concerning the investment of the trust property. Divided trust. The trustee exclusively is vested with certain trustee powers, and one or more other persons exclusively are vested with other trustee powers. A common example is the pure administrative trust, in which the trustee is vested with only administrative powers (eg, recordkeeping, tax compliance, etc), and a trust adviser (perhaps called a distribution adviser or distribution director) is vested with discretionary distribution powers. Hybrid trust. Incorporates elements of a directed trust and a divided trust. For example, a trust instrument may grant to a person the power to direct the trustee to make distributions, while granting to another person the exclusive power to manage the trust property. The detailed explanations and examples make this a very helpful article.