Being a trustee can be quite challenging.
Depending on the type of trust, trustees may have to deal with finances, investments and various legal responsibilities related to the trust.
So, does a trustee own the property held in trust?
For the definitive answer, reach out to our Wills, Trusts & Estates solicitors at Robinsons Solicitors in Cardiff, Bristol, Newport and Barry.
Although trustees are not the owners of the property, they do own and have the legal right to manage the trust within the terms set in the trust deed. This also means they hold certain responsibilities to both the trust and its beneficiaries.
So you can understand a little more easily whether a trustee owns a property, we will start by finding out what putting a house in trust means.
What does putting a house in trust mean?
A trust is an arrangement that allows the property to be managed and controlled by one or more people (trustees) for the benefit of another person, group, or organisation (beneficiaries).
This is done to protect the assets and income that come from the property.
The trustee takes on legal responsibility for managing it and will act according to the settlor’s wishes (the person who placed it into the trust).
The trustees have the legal authority to manage the trust assets according to the terms of the trust deed.
This includes buying, selling and managing any property associated with it.
While this does not mean that a trustee owns the property, it does mean that they are responsible for its management on behalf of those who own it.
Trustees have limited authority
It’s also important to remember that trustees are usually appointed for a particular purpose and with limited authority over trust assets.
In most cases, they will not be permitted to buy or sell trust property without prior approval from all beneficiaries, or appropriate court order.
Ultimately, when considering whether a trustee owns the property held by a trust, it is important to consider both the type of trust in question and all relevant legal documents related to its operations.
Generally speaking though, while trustees play an important role in managing trust assets they do not typically own the property in their own right.
So let’s take a deeper dive into some of the details of whether a trustee owns the property.
Does a trustee own the property?
According to the Law Commission in the U.K., a trustee does not own property but does hold it in trust for the benefit of another person or persons.
This is known as a ‘trustee’s interest’ and it does not confer ownership rights to the trustee.
The trustee does however have the legal authority to manage and deal with the property as required by the terms of the trust document.
The trustees are legally responsible for administering the trust according to its terms, ensuring that all beneficiaries receive their due entitlements under the trust, and also carrying out any other duties that may be specified in the trust deed.
They must act honestly, fairly, and in good faith when carrying out their duties at all times to the beneficiaries and the trust itself. This is what’s referred to as fiduciary duties
Trust rules alter depending on the area of the UK
It is also important to note that there may be different rules and regulations in place depending on which country or jurisdiction the trust’s property is located in.
For example:
In England and Wales, a trustee does not have a beneficial interest in the trust’s assets but does still possess a fiduciary duty to investigate potential investments which could benefit existing beneficiaries of the trust.
In Scotland however, a trustee does have a beneficial interest in the trust’s property, meaning they may be able to purchase and own assets on behalf of the trust.
It is important to ensure that any decisions made by trustees are in line with what is considered fair and reasonable, as outlined in the trust document.
Are there any cases where a trustee does own the property?
The extent of a trustee’s ownership rights largely hinges on the type of trust in question. In most scenarios, trustees don’t hold property in their own name; rather, they manage it on behalf of the trust’s beneficiaries.
Consequently, while trustees are tasked with overseeing assets in accordance with the trust’s terms, they don’t personally own them. However, there are exceptions. For instance, in a bare trust, trustees do possess an ownership interest in the property title and retain the authority to sell it. Nonetheless, this ownership doesn’t confer typical property owner privileges or benefits.
Under a bare trust, trustees cannot:
- Utilise or physically possess the property
- Make decisions regarding its management
- Receive proceeds from the property or enjoy other ownership perks.
Conversely, if trustees are directly assigned ownership of property, they acquire the full range of ownership rights, including usage, decision-making authority, and income generation. They might also have the option to sell or transfer ownership, subject to the trust agreement’s stipulations.
Moreover, trustees might indirectly own property if they’re instructed to purchase it for the trust or its beneficiaries. In such instances, while the trust legally owns the asset, the trustee bears responsibility for its acquisition and administration.
Does a trustee own a property? – Next steps
It is important to remember that although trustees may have certain rights over the trust’s assets, they do not have any beneficial interest in them and therefore cannot be said to ‘own’ it in any legal sense.
That being said, it is essential to ensure that all relevant legal documents related to its operations as well as applicable laws relating to trusts in the area where it is based are understood before making any decisions.
Doing this will help protect your interests and give you peace of mind
It is important to consult with an expert if you are unsure as to whether your trustee owns any assets associated with your trust.
To find out more contact one of our experienced Wills, Trusts and Estate solicitors.
