Trustee and executorship services
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- Valerie Phelps
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1 Trustee and executorship services
2 What is a trust corporation? A UK trust corporation can act either solely or jointly on appointments and can validly discharge outgoing trustees on appointment as a sole trustee. A trust corporation can also receive the proceeds on the sale of land held solely, something trust companies are unable to do. It is a company which has a place of business in the UK and is registered with Companies House. Its constitution must enable it to undertake trust business in England and Wales and it must have issued share capital of not less than 250,000, of which at least 100,000 must be paid up. Why appoint a professional trustee? Acting as trustee or executor is an onerous responsibility. The decision to accept such a position is not to be taken lightly as you can be held personally liable for your actions. In addition to taking away the risk of being personally liable, appointing a trust corporation has a number of benefits, including: to relieve the burden of keeping up with current legislation to establish independence and remove possible conflicts of interest to provide expert opinion and knowledge to ensure continuity.
3 What we do Our clients vary from small family trusts where the sole asset is a portfolio of quoted investments to complex trusts holding a variety of assets including landed estates, private company shareholdings and chattels. We are also able to act as nominee in relation to the acquisition of UK properties, providing a private office service which includes arranging payment of all property-related charges. For pension appointments we provide independent trustee services to defined benefit pension schemes and trust-based defined contribution schemes. We also act as trustee on small self-administered schemes. We do this either working in tandem with existing trustees, or via a sole appointment. We work with existing trustees and employers through specific corporate transactions. This includes where a scheme is likely to enter a pension protection fund assessment period, and we are engaged as independent trustee before the assessment date is triggered. We are appointed to take schemes through the assessment period where the employer has entered insolvency on appointment by the Pensions Regulator and to wind up trust-based defined contribution schemes. Our clients for corporate trustee appointments on employee benefit trust and share save schemes include a number of the leading multinational employers, particularly in the Japanese sector.
4 Smith & Williamson Trust Corporation Limited, a UK trust corporation established in 1984, is a member of The Association of Corporate Trustees (TACT) and the Association of Member-directed Pension Schemes (AMPS). We act as: trustee of family trusts and settlements trustee of charitable trusts an independent, corporate trustee of pension schemes an independent trustee of unregulated collective investment schemes corporate trustee of share save schemes and employee benefit trusts custodian trustee an executor of deceased persons estates an attorney under a lasting power of attorney.
5 How we can help you We have a breadth of experience and knowledge within the financial services industry which enables us to make informed decisions and to provide the governance needed to ensure best practice is adhered to at all times. As trustees we: ensure the trust is being run in accordance with the governing instrument and supporting documents review investment performance to ensure the managers are acting according to the instructions given to them work in conjunction with third parties and advisers to deliver a premium trustee service organise and host trustee meetings arrange for the preparation of accounts and tax returns and critically review them. Through our appointment we provide: governance, monitoring and risk management reporting relevant professional experience to support trustees knowledge and understanding conflicts of interest management a personalised service streamlined administration and trust management services trustee bank account services efficient administration of the trust or estate. We can also provide accounting and tax advisory services through Smith & Williamson LLP, and investment management and banking through Smith & Williamson Investment Management LLP.
6 Fee structure Private trustee services We charge a responsibility fee for acting as trustee. The scale of charges is as follows. Assets with market value of up to 500,000 Assets with a market value between 500,001 and up to 1,000,000 Assets with market value between 1,000,001 and 5,000,000 Assets with market value of 5,000,001 or more SSAS appointments Pension trust appointments 500 plus VAT 750 plus VAT 1,250 plus VAT 2,500 plus VAT 250 plus VAT An appropriate responsibility fee will be agreed on a client- by-client basis These are our minimum charges for acting as trustee. Where we undertake specific work as trustee, this is charged on a time-spent basis. The responsibility fee is raised annually. A detailed quote will be provided on request. Corporate trustee services We are happy to provide a detailed fee quote upon request, which can be agreed in advance of our appointment. Our fees are charged on a timespent basis, however we will work at a fixed fee on specific appointments.
7 Why us? We are open and straightforward, and aim to provide a partner-led service which is good value for money for all our clients. We work with our clients, listening to their needs and challenges. We provide support on all matters and can draw from our vast experience to deliver the premium service they require. Contact us Family settlement and executorships Joss Dalrymple London Wilson Cotton London Chris Shepard London John Hodgson Birmingham Louise Somerset Cheltenham Helen Demuth Bristol Luke West Guildford Lee Blackshaw Manchester Susan Shaw Salisbury Pension-related trusts Peter Maher London Mike Fosberry London Julia Ridger London Andrew Fox Bristol
8 smith.williamson.co.uk Our offices: London, Belfast, Birmingham, Bristol, Cheltenham, Dublin (City and Sandyford), Glasgow, Guildford, Jersey, Manchester, Salisbury and Southampton. Smith & Williamson Trust Corporation Limited Registered in England at 25 Moorgate, London EC2R 6AY No Smith & Williamson LLP Regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities. Smith & Williamson Investment Management LLP Authorised and regulated by the Financial Conduct Authority. A member of Nexia International. The Financial Conduct Authority does not regulate all the services referred to in this document. We have taken great care to ensure the accuracy of this publication. However, the publication is written in general terms and you are strongly recommended to seek specific advice before taking any action based on the information it contains. No responsibility can be taken for any loss arising from action taken or refrained from on the basis of this publication. Smith & Williamson Holdings Limited Code: 16/105 Expiry date: 04/08/2016 Smith & Williamson is a member of Nexia International, a worldwide network of independent accounting and consulting firms.
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