Private Trust Administration Course

This course provides a thorough exploration of trust law and the practical skills needed for effective trust administration. It’s designed for settlors, lay trust administrators, and anyone with an interest in understanding the principles and applications of trusts in the UK, in order to manage their own asset protection.

Course Overview

Across ten sessions, this course covers everything from the foundational elements of trusts to the nuanced responsibilities of trustees. We’ll walk you through the history and core principles of trust law, various types of trusts and their structures, and the roles and duties of trustees and beneficiaries. The course also delves into the practicalities of trust administration, including asset management, documentation, and dispute resolution.

Key Topics

Introduction to Trusts: Understand what a trust is, how it originated, and the distinction between legal and equitable ownership.
The Three Certainties: Explore the essential conditions needed to establish a valid trust: intention, subject matter, and object.
Trust Types and Structures: Learn about different most common trust types (discretionary, fixed, hybrid) and how they’re applied in various contexts.
Roles and Responsibilities: Get a detailed look at the duties and powers of trustees, as well as the rights of different classes of beneficiaries.
Trust Administration: Master the procedural aspects, including asset management, required documentation, and record-keeping. Suggested document templates are included.
Alternative Dispute Resolution: Review methods for resolving disputes within trusts, emphasising confidentiality and the use of ADR methods.
Statutory, STEP and Lay Provisions: Study key statutory provisions and understand perpetuity rules, along with the latest STEP Standard and Special Provisions and lay provisions for trusts.

Who This Course Is For

Whether you’re just starting or looking to deepen your expertise, the course offers clear guidance on administering trusts effectively and ethically.

Each session combines theoretical explanations with practical insights, helping you develop both a deep understanding of trust law and the skills to manage trusts in real-world settings.

An online based course, that runs for 1 hour every Wednesday evening at 7pm for 10 weeks.

All sessions will be recorded and uploaded on to the platform for revisiting and for those who are unable to make the live sessions.

Donate once and join every time the course is run (usually every 3-4 months)

Next Course Start Date:

Run 12: Wednesday 12th February 2025

Run 13: Wednesday 11th June 2025

Suggested donation: £400 (Available on subscription)

No.	Session	Description
1	Introduction to Trusts and Equity: Foundations, History, and Key Principles	Introduces the fundamentals of trusts, including the difference between legal and equitable titles and the origin of trust law. Provides a historical overview of the development of equity and the establishment of the Court of Chancery, setting the groundwork for understanding modern trust structures.
2	The Evolution of Trusts: Historical Foundations and Modern Principles	Examines the three certainties—intention, subject matter, and objects—necessary for creating a valid trust. Includes a historical perspective on trust law, focusing on pivotal moments like the Statute of Uses and key early cases that shaped trust principles.
3	Trust Structures and Their Practical Implications: Flexibility, Taxation, and Decision-Making	Details various trust structures, such as discretionary, fixed, and hybrid trusts, along with the roles of each party in a trust, including settlors, trustees, and beneficiaries. Discusses taxation considerations for each trust type, classes of beneficiaries, and their entitlements, illustrated through relevant case studies like Pitt v Holt.
4	Trustee Roles and Responsibilities: Duties, Challenges, and Avoiding Pitfalls	Focuses on the fiduciary duties of trustees, including the duty of loyalty, impartiality, and care. Outlines the rights of different types of beneficiaries, and the role of a trust mediator. Explores issues of sham trusts, jurisdictional considerations, and Hastings-Bass applications in trust law.
5	Trust Provisions and Perpetuity: Crafting Rules for Effective Administration	Covers statutory and STEP provisions commonly used in trust documents. Discusses the rule against perpetuities, including the 125-year limit for trusts and the implications this has on trust structuring and administration.
6	Trust Administration: Powers, Duties, and Effective Management	Reviews the powers and duties of trustees, including administrative, distributive, and investment powers. Details procedures for appointing and removing trustees, introduces the role of trust mediators in dispute prevention, and covers trustee indemnities and STEP guidelines. Additionally, discusses off-site storage solutions like The National Will Safe for protecting trust documents.
7	Executing and Administering Trusts: Affidavits, Evidence, and Compliance	Outlines the procedures for formally executing a trust, including affidavit requirements, public notice, and compliance with the doctrine of notice. Discusses specific documentation such as sub-trust declarations, land registry requirements, title restrictions, and affidavits used to formalise trust execution.
8	Dispute Resolution and Remedies in Trust Administration	Focuses on dispute resolution methods in trust administration, including negotiation, mediation, arbitration, and equitable remedies like injunctions and specific performance. Emphasises protecting beneficiaries’ interests while resolving conflicts fairly and effectively.
9	Equity and Evidence: Foundations of Enforcing Trusts	Examines the role of equity in enforcing trust rights and resolving disputes. Covers trust administration costs, amendments, and maintaining compliance with equitable principles. Explores privacy concerns and confidentiality requirements, highlighting evidence requirements and rebutting claims.
10	Wills, Probate, and Deputyship: Integrating Trusts in Estate Planning	Explains the role of trusts in estate planning, including testamentary trusts, wills, probate, and trustee appointments. Discusses the use of Lasting Powers of Attorney (LPA) for Property and Financial Affairs, and Health and Welfare, alongside deputyship orders. Includes an overview of will revocation methods, probate processes, and mental capacity tests following Banks v Goodfellow.