What are trustees in wills

In the UK, many people use trust wills to protect their assets for their beneficiaries, like children or vulnerable people, until a certain time. The person who writes the will (the testator) appoints trustees to manage these assets.

Trustees are very important in trust wills. But what do they actually do? What powers do they have? And how are they different from executors? We answer all these questions and more right here.

Will trustee vs executor 

If a will contains a trust, the executors must distribute assets to the named trustees. Both trustees and executors have important jobs, but they do different things

Trustees:

• It is the responsibility of the trustees to manage those assets in accordance with the terms of the trust

Executors:

• The role of the executor is take on the legal responsibility to correctly administer the deceased's estate and carrying out the terms of the will. This will include notifying organisations and people of the death, obtaining valuations of assets and liabilities, paying any taxes due and ultimately distributing the estate to the beneficiaries named in the will

The same person can be a trustee and an executor. Learn more about being an executor of a will in our guide.

What do will trustees do?

A trustee's main job is to take care of property or other assets left in a trust will for other people (beneficiaries) for a certain period. They need to receive the inheritance meant for the beneficiaries and manage it according to the will's instructions for the specified time.

For example, if someone creates a will which leaves property or assets to children under 18, the trustee manages these until the children reach a certain age. This age is usually specified in the will. Although trustees have control over the assets like they own them, they must act impartially and in the best interests of all of the trust's beneficiaries. It's wise to choose someone who is financially responsible, has good administrative skills and is someone you can rely on.

Always ask the person if they are willing to be a trustee before appointing them. If they are not comfortable with the role or feel they can't handle it, it's better to select someone else.

Does a trustee own the property?

Trustees do legally own the trust property but as trustees and not in a personal capacity.  They can manage the property as the will says, but their power is limited. Trustees must follow the will and ensure beneficiaries get what they are entitled to.

What happens if a will trustee dies?

If a trustee passes away before completing their duties, a couple of outcomes are possible:

• If the deceased was the sole trustee, their executor or personal representative can appoint a new trustee.
• If there are other trustees, they can either appoint a new trustee or distribute the responsibilities among themselves.