Protectors as fiduciaries: theory and practice

February 2, 2012

TRUSTS, PROBATE AND ESTATES GROUP

Article published in Trusts & Trustees 2012 (published 31st January 2012)

Elizabeth Weaver and Dr Matthew Conaglen discuss the question as to whether trust protectors owe fiduciary duties. The question cannot be answered categorically because the law contains no accepted definition of “fiduciary” or “protector” but there are relevant considerations to take into account.