Of protectors and enforcers

This article considers the legal issues that face those who act as protectors to private trusts and enforcers to non-charitable purpose trusts across a number of common law jurisdictions where such roles are commonplace. It looks at the issues which are likely to give rise to fiduciary duties on protectors and sets out a list of considerations for persons setting up purpose trusts. It examines the issue of conflicts of interests affecting protectors and enforcers and questions whether, in a new age of transactional transparency and a reduced appetite for risk, these roles should not more often be filled by independent professional companies which specialize in providing the services of protectors and enforcers.