Nov 1, 2008 12:00 PM

Multi-Participant Trusts Need a Coordinator

Multi-participant trusts1 have become immensely popular. These trusts replace the single, all-powerful trustee with a host of independent decisionmakers, all deriving their authority directly from the trust instrument.

At first, we saw multi-trustee trusts whose co-trustees, instead of sharing all trustee powers as was traditional, were each assigned discrete roles. That approach quickly evolved into today's multi-participant trusts that have a directed trustee — plus: At a minimum, there's also a trust advisor or investment committee with sole power over all investment decisions or a particular asset, such as a closely held company. Sometimes, there's also another trust advisor to advise the trustee on issues concerning beneficiaries. Often, one or more trust protectors are added as watch-dogs over the trustee or trust advisors, or to amend the trust instrument, review accountings, change the governing law of the trust or remove and replace or consent to the actions of the trustee or another participant. A distributions committee might round out this assemblage of performers for a single trust.

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