Need info regarding trust Protector

[Mittelwald]

Hi folks,

I am reviewing a draft of a common law pure trust that I would like to use to form a UCO. The section regarding the Trustee powers, etc. is pretty complete, except that there isn't any mention of termination by Protector. For that matter, the document doesn't have a section pertaining to a Protector. Isn't it a good idea to have a provision in the Trust Declaration for a Protector? Or is this handled in a separate document like an amendment or stand alone contract??

Thanks!

[David Merrill]

I suggest you assign Donald Burnham trustee, not protector. That way any offsets and adjustments get handled under the treaty expeditiously.

http://www.whitehouse.gov.edgesuite....senat-bio.html

[charlesa6]

Mittelwald, welcome to the forum!

[Rlynne]

For that matter, the document doesn't have a section pertaining to a Protector. Isn't it a good idea to have a provision in the Trust Declaration for a Protector? Or is this handled in a separate document like an amendment or stand alone contract??

I think it's a good idea. Usually there's a sheet that spells out the responsibilities of The Protector, have a place for their signature and date. On another sheet All-Purpose Acknowledgement is where The Protector is listed along with his/her name and address and the seal, date, and signature of notary.

Maybe having a protector is optional, but most trusts I've seen had one. The Protector is suppose to do just that protect the interests of the trust by protecting the beneficiaries, exercising fuduciary resposibilities as well as replacing trustees if need be.