Appointing trustees is a crucial step in establishing and managing a trust. A well-drafted appointment letter not only formalizes the selection but also clearly outlines the trustee’s responsibilities and expectations. This documentation provides clarity and helps prevent potential disputes in the future. It’s important to personalize each letter to reflect the specific details of the trust and the individual trustee being appointed.
These sample letters provide a starting point for creating your own, legally sound appointment letters. Remember that this is for example purposes and you may need to consult with a legal professional to tailor the letter to your specific needs and comply with local laws. Consider elements like compensation, specific powers, and reporting requirements when customizing these templates.
Sample Letter 1: Basic Trustee Appointment
Contents
- 1 Sample Letter 1: Basic Trustee Appointment
- 2 Sample Letter 2: Appointment with Specified Powers
- 3 Sample Letter 3: Appointment of Co-Trustees
- 4 Sample Letter 4: Appointment with Compensation Details
- 5 Sample Letter 5: Appointment with Reporting Requirements
- 6 Sample Letter 6: Appointment Following Resignation of Previous Trustee
- 7 Sample Letter 7: Appointment Subject to Acceptance
- 8 Sample Letter 8: Appointment for a Specific Term
- 9 Sample Letter 9: Appointment with Indemnification Clause Mention
- 10 Sample Letter 10: Appointment Letter to a Corporate Trustee
- 11 Sample Letter 11: Letter Outlining Responsibilities Specifically
- 12 Sample Letter 12: Appointment with Bond Requirement
- 13 Sample Letter 13: Letter Including a Conflict of Interest Statement
- 14 Sample Letter 14: Confirmation Letter from Trustee Accepting Appointment
- 15 Sample Letter 15: Letter Appointing a Special Trustee for a Specific Purpose
- 16 Sample Letter 16: Letter Covering Resignation Process for Trustee
- 17 Sample Letter 17: Letter Indicating Investment Authority as the Trustee
- 18 Sample Letter 18: Letter Highlighting the Duty of Impartiality as the Trustee
- 19 Sample Letter 19: Letter with Confidentiality and Data Protection Policy
- 20 Sample Letter 20: Letter Regarding Review of Legal Counsel
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. Your responsibilities include managing the trust assets according to the trust agreement. Please review the attached trust agreement for complete details.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 2: Appointment with Specified Powers
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee with Limited Powers
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. While you will generally manage the trust assets, your powers are specifically limited to [Specify limited powers, e.g., managing investments, but not distributing principal]. Please see Section [Section Number] of the attached trust agreement for a complete listing of your powers and limitations.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 3: Appointment of Co-Trustees
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Co-Trustee Appointment
Dear [Trustee Name],
This letter confirms your appointment as a Co-Trustee of the [Trust Name], established on [Date of Trust Establishment]. You will serve alongside [Name of other Co-Trustee]. All decisions regarding the trust must be made jointly. Please refer to the trust agreement for details on co-trustee responsibilities.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 4: Appointment with Compensation Details
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee and Compensation
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As compensation for your services, you will receive [State Compensation, e.g., $X per year, or a percentage of the trust assets], payable [Payment Frequency, e.g., monthly, quarterly]. This compensation is subject to applicable taxes. Please review the trust agreement for full details regarding compensation and responsibilities.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 5: Appointment with Reporting Requirements
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee and Reporting
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As part of your duties, you are required to provide a written report on the trust’s activities and financial status to the beneficiaries [or other designated individuals] on a [Reporting Frequency, e.g., annual, semi-annual] basis. The first report is due on [Date]. Please consult the trust agreement for complete reporting requirements.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 6: Appointment Following Resignation of Previous Trustee
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Successor Trustee
Dear [Trustee Name],
This letter confirms your appointment as the Successor Trustee of the [Trust Name], established on [Date of Trust Establishment], following the resignation of [Previous Trustee Name]. You assume all responsibilities and powers previously held by the former trustee. Please review the trust agreement, including any amendments, to fully understand your duties and obligations.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 7: Appointment Subject to Acceptance
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Proposed Appointment as Trustee – Acceptance Required
Dear [Trustee Name],
This letter proposes your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. This appointment is contingent upon your written acceptance of the terms and responsibilities outlined in the attached trust agreement. Please indicate your acceptance by signing and returning a copy of this letter within [Number] days.
Sincerely,
[Your Name/Trustor Name]
Acceptance:
I, [Trustee Name], hereby accept the appointment as Trustee of the [Trust Name] and agree to abide by the terms and conditions outlined in the trust agreement.
_____________________________
Signature
Date
Sample Letter 8: Appointment for a Specific Term
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee for a Fixed Term
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. Your appointment is for a fixed term, commencing on [Start Date] and ending on [End Date]. At the end of this term, your service as trustee will automatically cease, unless reappointed. Please refer to the trust agreement for details.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 9: Appointment with Indemnification Clause Mention
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee and Indemnification
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. The trust agreement includes an indemnification clause protecting you from personal liability for actions taken in good faith while fulfilling your duties as trustee. Please review Section [Section Number] of the attached trust agreement for the specific terms of the indemnification.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 10: Appointment Letter to a Corporate Trustee
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Company Name]
[Trustee Company Address]
Subject: Appointment of [Trustee Company Name] as Corporate Trustee
Dear Sir/Madam,
This letter serves to formally appoint [Trustee Company Name] as the Corporate Trustee of the [Trust Name], established on [Date of Trust Establishment]. We understand that you are a professional trustee organization, and we entrust you with the fiduciary responsibilities outlined in the trust agreement. Please acknowledge your acceptance of this appointment by returning a signed copy of this letter.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 11: Letter Outlining Responsibilities Specifically
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Detailed Responsibilities
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. In addition to the general fiduciary duties, your specific responsibilities will include:
- Managing investments as outlined in Schedule A.
- Distributing income according to Article 3 of the Trust Agreement.
- Maintaining accurate records of all transactions.
- Filing necessary tax returns for the trust.
Please refer to the full trust agreement for further clarification on these and other duties.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 12: Appointment with Bond Requirement
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Bond Required
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. Prior to assuming your responsibilities, you are required to obtain a surety bond in the amount of [Dollar Amount], guaranteeing the faithful performance of your duties. Proof of this bond must be provided within [Number] days of the date of this letter. This requirement is in place to protect the beneficiaries of the trust.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 13: Letter Including a Conflict of Interest Statement
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Conflict of Interest Disclosure
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As a Trustee, you have a fiduciary duty to act solely in the best interest of the beneficiaries. Please disclose any potential conflicts of interest you may have in relation to the trust or its beneficiaries. This includes any business relationships, financial interests, or personal relationships that could potentially influence your decisions as a Trustee. Your disclosure should be made in writing and attached to this letter.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 14: Confirmation Letter from Trustee Accepting Appointment
[Trustee Name]
[Trustee Address]
[Date]
[Your Name/Trust Name]
[Your Address]
Subject: Acceptance of Trustee Appointment
Dear [Your Name/Trust Name],
This letter confirms my acceptance of the appointment as Trustee of the [Trust Name], as outlined in your letter dated [Date of Appointment Letter]. I have reviewed the trust agreement and understand my responsibilities and obligations as a Trustee. I agree to act in accordance with the terms of the trust and in the best interests of the beneficiaries.
Sincerely,
[Trustee Name]
Sample Letter 15: Letter Appointing a Special Trustee for a Specific Purpose
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Special Trustee
Dear [Trustee Name],
This letter confirms your appointment as a Special Trustee of the [Trust Name], established on [Date of Trust Establishment]. Your appointment is specifically for the purpose of [Describe the specific purpose, e.g., managing the sale of real estate, overseeing a particular investment]. Your powers and responsibilities are limited to this specific task and will cease upon its completion. Please refer to Section [Section Number] of the trust agreement for further details.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 16: Letter Covering Resignation Process for Trustee
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Resignation Process
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. In the event that you wish to resign as Trustee, you are required to provide written notice to [Beneficiaries or other Trustees] at least [Number] days in advance. Your resignation will not be effective until a successor trustee has been appointed and has accepted the appointment. You are also responsible for transferring all trust assets and records to the successor trustee.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 17: Letter Indicating Investment Authority as the Trustee
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Investment Authority
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As Trustee, you are granted full authority to make investment decisions for the trust assets, in accordance with the Prudent Investor Rule. However, you are required to consult with a qualified financial advisor and document all investment decisions. Your decisions must always be in the best financial interest of the beneficiaries.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 18: Letter Highlighting the Duty of Impartiality as the Trustee
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Duty of Impartiality
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As Trustee, you have a duty of impartiality to all beneficiaries of the trust. This means you must act fairly and equitably towards all beneficiaries, regardless of your personal feelings or relationships with them. You must avoid favoring one beneficiary over another, unless specifically directed by the terms of the trust agreement.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 19: Letter with Confidentiality and Data Protection Policy
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Confidentiality and Data Protection
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As a Trustee, you will have access to confidential information regarding the trust, its assets, and its beneficiaries. You are required to maintain the confidentiality of this information and protect it from unauthorized disclosure. You must also comply with all applicable data protection laws and regulations.
Sincerely,
[Your Name/Trustor Name]
Sample Letter 20: Letter Regarding Review of Legal Counsel
[Your Name/Trust Name]
[Your Address]
[Date]
[Trustee Name]
[Trustee Address]
Subject: Appointment as Trustee – Access to Legal Counsel
Dear [Trustee Name],
This letter confirms your appointment as a Trustee of the [Trust Name], established on [Date of Trust Establishment]. As a Trustee, you have the right to seek independent legal advice regarding your duties and responsibilities. The trust will cover reasonable legal fees incurred in connection with your service as Trustee. We encourage you to consult with legal counsel whenever you have questions or concerns about your obligations.
Sincerely,
[Your Name/Trustor Name]
These sample letters provide a solid foundation for drafting trustee appointment letters. However, remember to consult with a legal professional to ensure your letters are legally sound and tailored to your specific situation. Factors like state laws, trust structure, and specific trustee duties will influence the final document. Properly drafted appointment letters are essential for smooth trust administration and minimizing potential disputes.