7 important things to know if you’re a trustee

Ravi Solanki • August 19, 2022

7 Essential Things To Know as a Trustee

As a trustee, you may be unsure about what your responsibilities are and the steps you need to take. If you’re acting as a trustee, here are some of the essential things you need to know.

Being a trustee means that you’re taking responsibility for money or assets that someone, known as the “settlor”, has placed in a trust for someone else, known as the “beneficiary”. You may have to make decisions about how the assets are used or when they are distributed.

There are many reasons why someone may set up a trust. It can be an efficient way to pass on wealth, create a family legacy, or give assets to those who cannot manage them themselves, such as children. Perhaps you’re also thinking about setting up a trust to pass on or protect your own wealth.

So, if you’re acting as a trustee, here are seven essential things you need to know.

1. The decisions you make must be in the best interests of the beneficiary

As a trustee, you must act in the best interests of the beneficiary. This means you must consider their needs, as well as the trust agreement, when you’re deciding how to use or distribute the assets.

If you don’t act in the beneficiary’s best interests, you could be taken to court and face penalties. As a result, it’s a good idea to keep records of your decisions and notes of the reasons why, if necessary.

It’s important to note that you won’t be liable if the value of the assets falls, as long as you acted in the best interests of the beneficiary. So, if you invested the assets in a risk-appropriate way and the value of the investments fell, you would not face penalties.

2. You won’t benefit from the trust yourself

Unless the trust specifically makes provisions for you, you won’t benefit from the trust yourself. This means you cannot take an income from the trust for the work you’re doing.

However, you can claim some expenses. You must incur these costs through your responsibilities of managing the trust. Again, you should ensure you keep clear records of any expenses you want to claim.

3. You should read the trust agreement carefully

How much freedom you have when making decisions will depend on the type of trust and the trust agreement the settlor has written.

If you’re managing a discretionary trust, you will usually be able to use your own judgement when deciding how and when to use the assets. In other cases, the settlor may have left instructions or imposed restrictions that you’ll need to follow.

The trust agreement will set out what you can and can’t do, so it’s something you should read carefully and refer back to when making decisions.

4. You may be responsible for paying tax the trust is liable for

Some trusts are liable for tax, and as a trustee, you’ll need to understand what tax is due and ensure it’s paid.

Depending on the assets held in a trust and their value, a trust could be liable for Income Tax, Dividend Tax, and Capital Gains Tax, as well as others. However, there may be allowances you can use to reduce the tax bill.

Understanding the tax liability can be complex but it’s a crucial step if you’re to avoid unexpected bills. We can help answer your questions.

5. You may need to register the trust

From 1 September 2022, many trusts in the UK will need to be registered with the Trust Registration Service. As a trustee, this will be your responsibility.

All “express trusts” in the UK, whether or not they are liable for tax, must be registered unless they’re on the exclusion list.

An express trust is created by a settlor, including those created in a will, rather than those created through a court decision or the law. As a result, it’s likely you will need to register the trust you’re responsible for.

6. You will be responsible for keeping track of records

Keeping track of records is an important part of a trustee’s role, from showing any tax liability to how you’ve distributed assets. This evidence can be invaluable if there are ever any disputes with the beneficiary and for tax purposes.

You should keep the necessary records for at least six years, but it’s a good idea to keep them as long as possible.

7. You can ask for advice

Managing a trust can be overwhelming and a lot of responsibility. Remember, you don’t have to do it all alone and you can seek advice when you need to.

Speaking to a legal professional about what decisions you can make can put your mind at ease. When you’re making financial decisions, a financial professional can also give you confidence that you’re making decisions that are appropriate for the beneficiary.

If you’re a trustee and have questions about your role or would like to set up a trust yourself, please contact us.

Please note: This blog is for general information only and does not constitute advice. The information is aimed at retail clients only.

The Financial Conduct Authority does not regulate trusts or estate planning.

estate planning south woodford
By Ravi Solanki • September 7, 2026
Discover three of the top reasons to seek professional support with your estate plan and learn how working with an estate planner can improve your situation.
By Ravi Solanki • August 28, 2026
Too many people in the UK still shy away from estate planning, as evidenced by research indicating that 56 per cent of adults in the country do not have a will in place. This only falls slightly, to 53 per cent, for those aged 50 to 64, indicating that many people are sticking their heads in the sand when it comes to what will happen to their assets when they pass away. But, of course, a will is only one element of an estate plan. There are many approaches you can use to help protect the wealth you have accumulated throughout your lifetime to pass on to your family and ensure they continue to reap the benefits of what you’ve sown. When should you start estate planning? The reality is that the sooner you start estate planning, the better. This is because an estate plan is not an activity you do once and then ignore. It is a living, breathing plan that can adapt as your life changes. Many people wait until their later years before they start thinking about what will happen to their wealth once they pass away. While it is certainly better to engage with estate planning services in your 60s than not to do so at all, it is even more helpful if you start at a younger age. One of the reasons for starting earlier is that you can make your wishes clear and ensure you have a plan in place before there could be questions over your mental capacity. It is a confronting fact, but the number of people with dementia in the UK is expected to rise to 1.4 million by 2040 , which means if you leave this process too late you may not be in a position to take control of your estate planning yourself. I share this not to scare you, but to highlight a genuine risk that many people overlook. What are the benefits of early estate planning? There are many advantages to starting your estate planning as soon as possible, chief among them that it gives you control over your future. Estate planning is an overwhelmingly empowering process and I see my clients go from feeling nervous at the prospect to feeling both relieved and in more control of their finances once they have created an estate plan with me. Other benefits of estate planning include: Being in a position to adapt your approach to new legislation around taxation. Being able to maximise the money you give tax-free to your family and loved ones. Reducing your inheritance tax bill by making smart financial choices. Maximising the amount you can give to members of your family and loved ones as tax-free gifts can be an important part of an estate plan. Under current rules, when you give someone money, that sum becomes exempt from inheritance tax provided you survive for at least seven years after making the gift. Of course, there are more complex rules surrounding this process than merely surviving seven years, and there are annual limits on how much of your wealth you can give away and in what form. This is why working with an experienced estate planner is so important. I’m here to talk you through your estate planning options at any time, simply book a Clarity Call to get started.
estate planning
By Ravi Solanki • August 13, 2026
Learn about the rules of intestacy in the UK and find out why a will and estate plan are so important if you want control over who inherits from your estate.
estate planning Loughton
By Ravi Solanki • August 1, 2026
Discover the foundational elements of a business estate plan and why it’s so important to make provisions for what will happen to your company when you pass.
 Inheritance tax planning Romford
By Ravi Solanki • June 30, 2026
Discover three simple steps to take if you are worried about the upcoming changes to inheritance tax on pensions to bring you and your family peace of mind.
estate planning
By Ravi Solanki • June 18, 2026
Learn why writing a will is so important both for your peace of mind and ensuring your wishes are enacted, and also as part of your broader estate planning.
By Ravi Solanki • June 1, 2026
Learn about inheritance tax and how quickly it has to be paid when someone passes away. Discover how planning ahead can give you and your family peace of mind.
By Ravi Solanki • May 27, 2026
Discover what areas to focus on when you are creating an estate plan that covers your business to ensure it can provide for your family for many years to come.
By Ravi Solanki • April 16, 2026
Find out more about what trusts are and how they work in the context of estate planning to understand if this could be a valuable tool to support your family.
By Ravi Solanki • March 30, 2026
Learn about the different types of lasting power of attorney in the UK and why they are an important part of an estate plan to allow you to plan for the future.