Q&As

How many trustees should sign a contract for it to be binding on all trustees? Does it make any difference if the trust is an occupational pension scheme?

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Published on: 02 February 2018
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The basic rule is that, where there are two or more trustees, they must act jointly. This rule is a corollary of the rule that trustees cannot delegate their duties—a trustee cannot appoint a co-trustee to perform his duties for him. This rule can be relaxed by the terms of the trust deed or statute. Whether the trust deed in this case allows a majority of trustees to enter into a contract that binds all trustees, including those who did not sign it, will depend on the construction of terms of the trust deed.

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