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Trust Protectorship


Bender Brothers & Co. specialises in fiduciary protector services, particularly with respect to offshore trusts on account of the physical location of its staff.  The firm's expertise has evolved within the independent context of an international multi-generational single family office. 


As it is a protector’s duty to oversee the good governance of a fiduciary arrangement, he would generally have the power to replace trustees should there be a failure to meet a required professional standard or in the event of an outright breach of fiduciary duty.  Such a provision can obviate expensive litigation and provide considerable reassurance for a settlor disposing legal ownership of personal assets. 


Given that a protector's role is not unlike that of a constitutional monarch, such intervention should occur only under extreme circumstances.  It is important that the corresponding powers are clearly defined so as not to disturb the fiduciary relationship between trustees and beneficiaries.  Should there be a need to resolve conflict amongst beneficiaries, a protector's standing ought to be sufficiently independent to be able to serve as mediator.