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The Protector

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A protector in a trust is an individual, group of individuals, or a company appointed under the trust deed to oversee or control the administration of the trust by the trustees.

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Here are the key points about the role:

• Oversight: The protector's primary role is generally to monitor, oversee, or control the trustees' actions, acting as a "watchdog" to ensure the trust is administered in accordance with the settlor's wishes and in the best interests of the beneficiaries.

• Powers: The specific powers are defined in the trust deed, but commonly include:

  • The power to appoint and remove trustees.

  • The requirement that the trustees obtain the protector's consent before exercising certain powers (e.g., adding or removing beneficiaries, making distributions, or amending the trust deed).

• Not a Trustee: A protector is not a trustee and is generally not involved in the day-to-day administration of the trust.

• Fiduciary Duty: The powers and duties of a protector are typically considered fiduciary, meaning they must be exercised in good faith and in the best interests of the beneficiaries.

• Context: The role of a protector is often included in offshore trusts or trusts in which the settlor appoints a professional or institutional trustee and seeks an additional layer of family or trusted-advisor influence.

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Essentially, the protector provides a check and balance on the trustee's authority.​

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