The Role of a Protector /

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About Intrust Protector Services Limited

Based in London, UK, Intrust Protector Services Limited are a team of dedicated lawyers, barrister and accountants, with over 30 years of experience in trusts and international structures, with links with leading London based law firms.

The Role of a Protector

The establishment of a trust is a major decision by the settlor and should not be undertaken without proper advice. The Settlor will cease to own and control the assets settled into the trust and must put his faith in the honesty, competence, efficiency and judgement of his chosen trustees.

The Protector is a natural person or professional firm chosen by the Settlor, normally at the outset, to watch over the trust and has the knowledge of the wishes and intentions of the Settlor.

The trust deed will set out the powers of the Protector. The role of the Protector is not to supplant the powers and duties of the Trustees. Normally his role is limited and passive, leaving the day to day administration to the trustees, being only consulted for major policy decisions and distributions.

The paramount duty of care of the Protector is to the Beneficiaries (his fiduciary duties). He is not the "living guardian" and "enforcer" of the Settlors wishes. His duties encompass ensuring the Trustees have due regard to the Settlors wishes in the administration of the trust.

Typically a Protector has been a trusted colleague of the Settlor, who is familiar with the affairs of the Settlor and his family. Whilst this is understandable, the closeness of the Protector to the Settlors family can be awkward and possibly divisive. Commonly the chosen Protector is of a similar age to the Settlor and there is a potential issue of Protector Replacement upon the death or incapacity of the Protector. Additionally the Protector may be a business colleague of the Settlor and have a commercial relationship.

The Protector should have detailed personal understanding and knowledge of the actual and potential beneficiaries and their financial and other circumstances.

Intrust Protector Services Limited ("IPS") offers an alternative. The provision of a corporate protector who can fulfil the Protector role alone or with a natural person chosen by the Settlor.

A corporate protector can be:

> Objective
> Dispassionate
> Independent
> Competent
> Non conflicted
> Qualified in terms of knowledge and experience

Why Intrust Protector Services Limited?

> Over thirty years experience in trusts and international structures
> Dedicated team of lawyers, barrister and accountants
> Links with leading London based law firms for the drafting and legal review of documents

> Based in London, a key centre of trust expertise
> European time zone

> No linkage to any international banks, investment houses, or international networks
> No linkage to international trust companies
> Fees based upon scope of role