Protector Appointment

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A Protector is a person appointed to watch over a trust to help ensure that the wishes of the settlor are adhered to and that the interests of the beneficiaries are protected. Appointing a Protector is optional and the role of Protector is separate and distinct to the role of Trustee. The management and administration of the Trust is the sole preserve of the Trustee.

The Protector's primary objective is to ensure that the Trustee adheres to the provisions of the Trust Deed and acts in good faith. A Protector “supervises” certain trustee actions, providing direction and restraint, as appropriate. Settlors sometimes opt to appoint a family member or trusted advisor as Protector.

They may however, opt to appoint a professional Protector who has a better understanding of the role, and how that role complements the role of Trustee. Professional Protectors also have the following advantages:

  • They generally possess a greater understanding of general trust law
  • They are better equipped to deal with complex and unforeseen trust matters which may arise;
  • They impart objective and impartial advice and are not susceptible to family bias;
  • They are often regulated entities.

Having wide and long experience in trusts and unanticipated matters which may arise and call for informed decisions, as well as matters in which expert guidance provides added value, we are optimally placed to provide Protector services where these are required.

A Settlor may wish to appoint a Protector for a variety of reasons including that:

  • Protectors allow for a certain degree of flexibility when faced with change of circumstances;
  • Protectors provide security that settlor wishes will be adhered to;
  • The settlor may wish for certain trustee powers which are particularly important have the “blessing” of a third person trusted by the settlor; and
  • The Protector may act as an objective point of contact, bridge, or mediator between trust parties.