Rights and Powers of Trustees

Trustees hold a pivotal role in the management and administration of a trust, endowed with specific rights and powers to enable them to fulfill their duties effectively. These rights and powers are primarily outlined in the trust deed and governed by applicable laws, such as the Indian Trusts Act, 1882, for private trusts. Understanding these rights and powers is crucial for trustees to manage the trust property and safeguard the interests of the beneficiaries.

Rights of Trustees:

• Right to Reimbursement:

Trustees have the right to be reimbursed out of the trust property for all expenses, including taxes, repairs, and improvements, as well as other necessary payments incurred while administering the trust.

• Right to Indemnity:

Trustees can indemnify themselves against liability and expenses borne in the execution of their duties or in the defense of their actions, provided those actions were taken in good faith.

• Right to Seek Judicial Guidance:

Trustees may seek the court’s direction on the interpretation of the trust deed or on the appropriateness of potential actions in complex situations, providing them with legal protection.

• Right to Remuneration:

While trustees typically serve without compensation, the trust deed may stipulate remuneration for their services, especially in the case of professional trustees.

Powers of Trustees:

• Power to Invest:

Trustees have the power to invest trust funds in specified securities or assets as outlined in the trust deed or as allowed under applicable laws, aiming to preserve and enhance the trust property.

• Power to Sell:

Trustees may have the power to sell trust property when it is in the best interest of the trust or necessary for the administration of the trust, subject to the terms of the trust deed.

• Power to Lease:

Trustees can lease trust property in accordance with the terms of the trust deed and applicable laws, ensuring the property remains productive and beneficial for the beneficiaries.

• Power to Distribute Assets:

Trustees have the power to distribute the trust assets among the beneficiaries as per the stipulations of the trust deed, either periodically or at the termination of the trust.

• Power to Litigate:

Trustees have the authority to initiate or defend legal actions concerning the trust property, ensuring the protection and preservation of the trust assets.

• Power of Maintenance and Education:

In the case of trusts created for minors or beneficiaries with special needs, trustees have the power to apply trust funds towards the beneficiaries’ maintenance, support, and education.

• Power to Compromise:

Trustees may have the authority to settle or compromise claims or potential claims involving the trust, either receiving or paying out funds, if it is in the best interest of the trust and its beneficiaries.

• Power to Appoint Nominees:

Trustees can appoint nominees or agents for the practical management of trust assets, especially in areas requiring specific expertise, though they must exercise reasonable supervision over such nominees.