Successor Trustee – Do You Need One, and Whom Should It Be?

Selecting a successor trustee is a crucial decision when setting up a trust, as this individual or entity steps in to manage the trust if the initial trustee becomes unable or unwilling to fulfill their duties. When choosing a successor trustee, there are several considerations.

Trustworthiness and Competency: Look for someone you trust implicitly, who is reliable, responsible, and capable of managing financial and administrative tasks. This individual should ideally have some understanding of financial matters or be willing to seek professional guidance.

Family Members or Friends: Many people appoint family members or close friends as successor trustees because of their familiarity with the family dynamics and intentions. However, make sure the person you choose is both capable and willing to take on the role.

Professional Trustees: Corporate entities, such as banks, trust companies, or financial institutions, can serve as successor trustees. They offer professional management and continuity but may charge fees for their services.

Multiple Trustees: You can appoint multiple successor trustees, either to work together or in succession. This can provide checks and balances, ensuring responsible decision-making.

Consider Personal Dynamics: Understand the dynamics between potential trustees and beneficiaries. If appointing a family member might lead to conflicts or strained relationships, it might be better to choose an impartial professional trustee.

Availability and Longevity: Consider the potential trustee’s availability and longevity. Ensure they’ll be able and willing to take on the responsibilities when the time comes, especially if it’s a long-term trust.

Legal and Financial Expertise: Depending on the complexity of the trust, consider someone with legal or financial expertise or the willingness to seek professional advice when needed.

Ultimately, the choice of a successor trustee should align with your intentions for the trust and the specific needs and dynamics of your situation. Discussing your options with legal and financial advisors can provide valuable insights into making the right choice for your circumstances.