What is a trustee and how do you choose the right one?
Last verified: March 2026 (England & Wales)
If your Will includes a trust, choosing trustees is one of the most important decisions you will make.
A trustee is not a ceremonial title. Trustees are real people with real responsibilities, often at a time when the family is grieving and emotions run high. The right trustees can make a trust calm and workable. The wrong trustees can stall decisions, create disputes, or accidentally create tax and administration problems.
A trust is only as practical as the trustees who have to run it.
Quick-read summary
• A trustee is the person (or people) who holds and manages trust assets for the benefit of others.
• Trustees must follow the trust terms and act in the beneficiaries’ best interests, not their own.
• In many Wills, the same people are both executors and trustees, but the roles are not identical.
• A good trustee is trusted, organised, available, and able to stay calm and fair when family dynamics are difficult.
• For trusts involving property, trustee choices matter even more because major decisions often need trustee agreement.
• A Letter of Wishes can turn a technically-correct trust into a practically-workable one, by giving trustees clear context and priorities.
See also: Trusts: a plain-English guide
See also: What is a Will Trust? Types, examples and when they help
See also: Letter of Wishes: Wills, Trusts and LPAs
See also: Property Life Interest Trust (PLIT) | Lifetime Home Security
What a trustee actually is (plain English)
A trust is a legal “container” that can hold money, investments, property, or other assets.
Trustees are the people who:
• take legal control of the trust assets, and
• use those assets exactly as the trust allows, for the people the trust is meant to benefit.
The people who benefit are called the beneficiaries. Trustees do not “own” the assets personally. They hold them for others and must manage them responsibly.
Trustees vs executors (why people mix them up)
Executors deal with the estate administration after death: gathering assets, settling liabilities, handling probate where needed, and distributing in line with the Will.
Trustees manage assets that sit inside a trust. That can be for months, years, or decades, depending on the trust.
Often, your executors will also be your trustees, especially for Will trusts. That is common and usually sensible, but it is not mandatory.
What trustees do in practice (the real job)
Trustee duties vary depending on the type of trust, but in practice trustees usually have to:
- Understand the trust’s purpose
They need to know what the trust is trying to achieve and what success looks like for your family. - Follow the trust terms
Trustees cannot improvise. They must work within the trust wording (and the law) even if someone in the family disagrees. - Make fair decisions
Many trusts require trustees to balance competing interests, for example a surviving spouse’s security today versus children’s inheritance tomorrow. - Protect trust assets
This can include basic safeguarding, sensible investment decisions, insurance, maintenance, and not taking avoidable risks. - Keep records
Trustees should keep clear notes and accounts so decisions can be explained later if needed. - Handle administration and tax reporting where required
Some trusts have ongoing admin. Some trigger registration and reporting duties. This is one reason trustee choice matters.
Trustees are decision-makers. In some families, they are also the “shock absorbers” who keep things calm.
How to choose trustees (a practical decision aid)
When clients ask “Who should I pick?”, I normally bring it back to five tests.
Test 1: Do you trust their judgement, not just their loyalty?
Trust is necessary, but not sufficient. Trustees often face grey areas: family pressure, competing needs, and practical trade-offs.
You want someone who can make a sensible decision and stick to it politely.
Test 2: Will they actually do the work?
Many trustee problems are not dishonesty. They are delay, avoidance, or overwhelm.
Ask yourself:
• Are they organised?
• Do they open letters and follow up?
• Can they speak to banks and professionals without freezing?
• Are they likely to be available when needed?
Test 3: Can they stay fair when emotions run high?
If the trust involves children from a first relationship, unequal gifts, or a vulnerable beneficiary, fairness and calm communication matter.
A trustee who is “on one side” emotionally can unintentionally create conflict.
Test 4: Do they have the confidence to take advice?
Trust administration can involve accountants, investment professionals, conveyancers, or trust specialists.
A strong trustee is not someone who “knows everything”.
A strong trustee is someone who knows when to ask for help, and who can use that help without feeling threatened.
Test 5: Are you building in resilience?
Life happens. Trustees can move away, become unwell, or lose capacity.
A resilient plan normally includes:
• more than one trustee (where appropriate), and
• replacement trustees (so the trust does not stall if someone cannot act).
When professional trustees are worth considering
A professional trustee is usually a solicitor, accountant, trust corporation, or specialist trust provider who acts as trustee for a fee.
Professional trustees are most useful as a back-up trustee, or as a balancing co-trustee when family dynamics or admin risk could derail the trust.
You do not need a professional trustee for every trust. But they can add real value in two specific ways:
A) Professional trustee as a substitute (reserve) trustee
Consider naming a professional trustee as a reserve trustee if:
• your first-choice trustees are older, unwell, or likely to be unavailable in future
• there is no suitable family or friend who is both willing and capable
• the trust is likely to be long-running or potentially admin-heavy (for example, ongoing discretionary decisions, business assets, significant investments, or a vulnerable beneficiary)
• you anticipate disputes and want a credible, neutral fall-back option
B) Professional trustee to balance other trustee choices (co-trustee)
Consider appointing a professional trustee alongside family trustees if:
• you want an independent voice to reduce accusations of bias (common in blended families)
• you want continuity and momentum when family trustees are busy or emotionally involved
• you want professional handling of the “engine room” administration, while family trustees focus on what support is needed and why
Practical reality: trustees often need to act together, so one calm, organised trustee (or co-trustee) can be the difference between a smooth trust and years of delay.
Costs and control (keep it sensible)
Professional trustees will charge fees. If you are considering one, ask for their fee approach in advance and make sure the trust structure still feels proportionate for your estate and your family.
Common nuances (the points that catch families out)
1) Property trusts need practical trustees, not just kind people
If a trust involves a home (for example a Property Life Interest Trust), trustees may have to agree to major decisions such as a sale, a move, or a letting.
This is not about interfering in day-to-day life. It is about protecting everyone’s position when the big decisions arise.
See also: Choosing the Right Family Trust – PLIT, LIT and FLIT
See also: Severance of Tenancy
2) The “survivor as sole trustee” problem
Many people instinctively want the surviving spouse or partner to be the only trustee.
That can work in some trusts, but it can also create complications, especially where property is involved or where impartiality matters.
A common solution is: the survivor acts as a trustee, but alongside at least one other trustee who is steady, practical, and able to support decision-making.
3) Discretionary trusts need trustees with backbone
If trustees have discretion, they may have to say “not yet” or “not like that” to a beneficiary.
That is not being unkind. It is doing the job.
If you want trustees to have discretion, give them a fair framework through a Letter of Wishes.
4) Beneficiaries can sometimes be trustees, but it is not always wise
Sometimes it is perfectly appropriate for a beneficiary to also act as trustee.
But where there is a risk of conflict (or future conflict), consider adding at least one trustee who is not directly benefiting, so decisions remain balanced and defensible.
5) If trustees disagree, decision-making can stall
Trusts work best when trustee roles are chosen with human reality in mind:
• Who is likely to clash?
• Who will dominate?
• Who will avoid conflict by doing nothing?
A carefully chosen trustee mix (and a clear Letter of Wishes) reduces the risk of deadlock.
What helps trustees do a good job
You do not need to write a mini rulebook. The aim is clarity and context.
Most trustee success comes from three things:
- A trust drafted to match real life (not just theory).
- Trustees who are capable and available.
- A Letter of Wishes that explains your priorities in plain English.
If something must happen, it belongs in the Will or the trust. If it is guidance and context, it often belongs in a Letter of Wishes.
Balanced view
Benefits
• A trust can protect beneficiaries who are young, vulnerable, or under pressure.
• Trustees can create stability and prevent money being misused or redirected.
• Good trustees reduce conflict because decisions are consistent and explainable.
Cautions
• Trustees have real responsibilities and may need support from professionals.
• Poor trustee choice can stall the trust or inflame family tensions.
• Trust admin can be light or complex depending on the trust type and assets.
Cases
Blended family: keeping the survivor safe while protecting the children’s inheritance.
Tanya is remarried and has adult children from her first relationship. She wants her husband to be secure in the home for life, but she also wants her share to end up with her children. Her Will includes a home trust, and she appoints her husband as a trustee alongside a calm, organised family friend. When a future move becomes necessary, the trustees can agree the sale and purchase without arguments about “whose side” anyone is on. The structure does its job because the trustees can actually operate it.
Young adult beneficiary: support now without handing over everything at 18
Lewis wants his daughter to inherit, but not to receive a large lump sum at 18. Trustees are appointed who understand education, training, and how easily a young adult can be influenced. The trustees can support her through university and early housing costs while keeping the larger pot protected until the age chosen in the Will. The trust works because the trustees are both kind and practical.
Vulnerable beneficiary: protecting benefits and avoiding exploitation
Mina’s brother is disabled and receives means-tested support. She worries that an outright inheritance would reduce his benefits and make him a target for manipulation. Her trustees include one sibling who knows his day-to-day needs, plus a second trustee who is steady and careful with paperwork. The trustees can fund quality-of-life support without placing the entire inheritance directly in his hands. The plan reduces stress because the trustees are chosen for capability, not sentiment.
Business interests: trustees who can separate family emotion from commercial reality
Omar owns shares in a small family company. His Will trust is designed to keep value protected while providing support to his spouse and children. He chooses trustees who can work alongside the company’s professionals without turning decisions into family arguments. Because trustee selection was treated as a business decision as well as a family decision, the trust can act promptly when commercial deadlines arise.
Trustee capacity issues: the plan includes resilience, not just good intentions
A couple appoint one trustee who later loses capacity. The family discovers that decisions cannot be progressed cleanly without replacing that trustee, causing delay at exactly the wrong time. By contrast, in a similar family we set up the trust with more than one trustee and clear replacements. When one trustee later became unable to act, the trust continued without drama because resilience had been built in from day one.
Can I choose family members as trustees?
Yes. Many trusts are run perfectly well by family trustees. The key is choosing people who can do the job calmly, keep records, and act fairly when tensions arise.
How many trustees should I appoint?
It depends on the trust and the assets involved. Many Will trusts work best with more than one trustee, and it is usually sensible to name replacement trustees so the trust does not stall if someone cannot act.
Can trustees be beneficiaries too?
Sometimes, yes. But if there is a risk of conflict, consider appointing at least one trustee who is not directly benefiting, so decisions remain balanced and defensible.
Do trustees get paid?
Lay trustees are not normally “paid” in the way professionals are, although reasonable expenses are often appropriate. Professional trustees or trust administrators may charge fees. This is one reason to think carefully about whether professional involvement is needed.
When should I consider a professional trustee?
Most families do not need one. But it can be sensible where the trust is high value or complex, where you expect conflict, where trustees may struggle with admin, or where you want a neutral “balancing” trustee alongside family. Another common pattern is to name a professional trustee as a reserve trustee, so the trust does not stall if your first-choice trustees cannot act.
What if trustees disagree?
Disagreement is a common reason trusts become stressful. Good drafting helps, but trustee selection matters just as much. A sensible trustee mix and a clear Letter of Wishes reduce the risk of deadlock.
Do trusts need to be registered (TRS)?
Some trusts do, and the rules are detailed. If a trust becomes registrable, trustees may need specialist support to register and keep details updated. We will flag this where relevant and introduce an appropriate specialist if needed.
Ethical and governance note
For ethical and governance reasons, Fern Wills & LPAs does not accept appointment as a trustee and we do not draft Wills that appoint Fern Wills & LPAs (or any linked business) as trustee.
This matters because trustee appointments can create a conflict of interest. The Society of Will Writers’ Code of Practice requires members to take reasonable precautions to ensure no conflict of interests arises and not to act where a conflict arises. In plain English, appointing your drafting firm as trustee can feel like writing a blank cheque: it can hand ongoing control (and potentially ongoing fees) to the very organisation that wrote the documents, at a time when your beneficiaries may have limited practical leverage.
Where a professional trustee is genuinely appropriate, we can recommend suitable independent professional trustees to act:
• as a reserve (substitute) trustee if your first-choice trustees are unwilling or unable to act, or
• alongside family trustees to balance decision-making and provide continuity and admin support.
Fern Wills & LPAs does not register trusts. Where a trust needs to be operated or registered, we will introduce you to an appropriate specialist to act and administer the trust. You remain free to choose your own adviser.
This article is general information only, not individual advice.
If you’d like help applying this to your circumstances, we can guide you through the options.
Next steps
If your Will includes (or may include) a trust, the next step is a short conversation to confirm what you are trying to achieve, who should benefit, and how much discretion is appropriate.
If you already have a Will with trustees appointed, we can review whether the trustee choices still fit your family today, and whether the trust would be practical in real life.
If family dynamics are sensitive, a guided family meeting can help everyone understand the plan and reduce future conflict.
