
Individual Trustee | Corporate Trustee | |
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Objectivity | • May have personal ties and familiarity with family dynamics, which can sometimes lead to perceived or actual conflicts of interest. • Often appointed out of personal connection or goodwill, rather than based on expertise or impartiality. | • Acts with objectivity and neutrality. • Unaffected by family dynamics or personal relationships. • Helps prevent family conflict by serving as a neutral third party. Held to a higher fiduciary standard. |
Expertise | • May lack professional expertise, which can lead to challenges in managing complex estate or trust matters accurately and efficiently. | • Possess dedicated expertise in trust administration. • Experienced in addressing a wide range of trust-related matters. • Adopt a structured, compliant approach, ensuring legal obligations and industry best practices. |
Successsion Planning | • Changing trustees involves legal formalities, such as executing a deed of appointment and transferring trust assets. | • Continuity despite internal changes – Even if the directors or staff of the corporate trustee change, the entity remains the same. There’s no need for asset transfers or legal reappointment. |
Liability | • Personal liability – An individual trustee may be personally liable for the trust’s obligations, debts, or mismanagement. | • Limited liability – As a separate legal entity, a corporate trustee shields its directors and staff from personal liability, offering added protection and continuity. |
Continuity and Perpetuity | • Subject to personal limitations – Individual trustees may resign, fall ill, or face life changes that disrupt the continuity and smooth administration of the trust. | • Continuity & Stability – Corporate trustees provide reliable, long-term management, unaffected by personal changes or succession. |
Cost | • Often low-cost, as family members or close friends may take on the role without expecting compensation. | • Involves ongoing annual fees, typically calculated as a percentage of the trust’s assets under management. |