Trust protector

How it works

A trust protector exercises authority assigned by the trust, which can include amending administrative provisions, changing governing rules, resolving ambiguities or replacing trustees. The scope depends on the trust's terms and state law. Estate planning practitioners describe recognition of the role as varying by state, with states adopting the Uniform Trust Code authorizing it and other states potentially recognizing it by statute.

A trust protector may be appointed to make a specified change and then resign or be removed. Practitioners point to legal fiduciary duties as something that may attach to the position, depending on the circumstances.

Where it shows up for owners of businesses, real estate and private investments

A trust holding business interests, real estate or private investments may name a trust protector with authority to address specified changes. The role can include replacing a trustee or resolving an ambiguity when circumstances were not anticipated in the trust's administrative provisions.

Points that are easy to confuse

A trust protector and a trustee are distinct roles when the trust assigns them different authorities. The protector may have authority to replace trustees, but not every protector can do so and not every trust uses the role.

Recognition of a trust protector is a state law question. Trust and estate practitioners report that states adopting the Uniform Trust Code authorize the role, while other states may or may not recognize it by statute. Authority to change a trust's situs is a separate matter that depends on the trust's provisions.

Common questions