Independent Trustee

An independent trustee is a trustee who is not a beneficiary or related party of the settlor or beneficiary of a trust, and is typically engaged to act in isolated situations to ensure impartiality. Their role is typically limited to certain tasks that cannot be done by an interested party, to ensure that the trust assets are managed in the best interest of the beneficiaries according to the trust’s instructions.

Powers are often given to an independent trustee in a trust to incorporate flexibility in order to address future unforeseen circumstances and avoid court involvement if the trust terms need to be modified.