Tag: Prudent Investor Rule

30 Mar

The Trustee’s Duty to Invest During COVID-19

Noah Weisberg Executors and Trustees Tags: , , , , , , , 0 Comments

There is so much in flux right now due to COVID-19.  In the area of estates and trusts though, the obligations that an estate trustee owes to beneficiaries remains stable.  During this time, estate trustees need to consider how best to administer an estate, and what they should be doing to limit future claims against them.  The purpose of today’s blog is to consider the estate trustee’s duty to invest.

According to section 27(1) of the Trustee Act, “In investing trust property, a trustee must exercise the care, skill, diligence and judgment that a prudent investor would exercise in making investments”.  This is often referred to as the prudent investor rule.  Section 27(5) sets out certain criteria the trustee is required to consider in investing trust property, including, amongst other things, the general economic conditions and the possibility of inflation or deflation.

Given the current market fluctuations, estate trustees need to give invested trust property considered attention.  While they cannot be expected to produce resounding returns for the beneficiaries, they can take steps to make sure their investments are prudent in the circumstances and avoid future claims from beneficiaries.  These could include claims that the estate trustee failed to properly invest trust assets or that they failed to exercise their discretion.

The estate trustee should consider doing at least four things.  First, they should review the terms of the will as to whether there are any specific investment requirements.  Second, they should contact their investment advisor to obtain professional advice and share any relevant terms of the will.  Third, the estate trustee should ask the investment advisor to put their advice/comments in writing and the estate trustee should hold on to this.  Fourth, if the trustee is afforded some sort of discretion (for instance, considering the interests of capital versus income beneficiaries), the trustee should prepare a memorandum to themselves.  The memorandum should set out the reasons why they reached the investment decision that they did and the factors they considered, which should include the section 27(5) criteria.

Stay safe and wash your hands,

Noah Weisberg

Please click on this link to see our COVID-19 related resources,  as well as these related blogs:

01 Jul

Delegation in Investment Accounts – Hull on Estate and Succession Planning Podcast #119

Hull & Hull LLP Hull on Estate and Succession Planning, Podcasts Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 0 Comments

Listen to Delegation in Investment Accounts

 

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss delegation issues that arise when dealing with Investment Accounts and address a listeners question about the family cottage.

 

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

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24 Jun

The Investment Accounts – Hull on Estates and Succession Planning Podcast #118

Hull & Hull LLP Hull on Estate and Succession Planning, Passing of Accounts, Podcasts Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 0 Comments

Listen to The Investment Accounts.

 

This week on Hull on Estates and Succession Planning, Ian and Suzana conduct a quick lesson on capital encroachment and discuss the role of investment accounts in the passing of accounts.

 

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

13 Jun

Hull on Estate and Succession Planning Podcast #12 – The “Prudent Investor” Rule

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estate and Succession Planning Tags: , , 0 Comments

LISTEN HERE

READ THE TRANSCRIBED PODCAST HERE

In Hull on Estate and Succession Planning Podcast #12, we continued with our discussion of trusts and, in particular, the concepts of the “prudent investor” rule and incentive trusts.

 

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