Trustees' Powers and Duties

Status: This project is complete. Our recommendations were implemented by the Trustee Act 2000 (c29)

The aim of this project was to review the law governing trustees’ powers to invest trust funds in default of the inclusion of express powers of investment in the will or trust instrument, and to consider, for England and Wales, a range of reforms, intended to facilitate more effective trust administration, including:

  • collective delegation by trustees
  • the use of nominees and custodians
  • powers of insurance, and
  • remuneration of professional trustees.

Joint project with the Scottish Law Commission.