Trustee decisions · England and Wales
Capacity to act as a trustee
Does the person have the mental capacity to act as a trustee of this particular trust?
A trustee is responsible for decisions about assets held for other people. When there is concern about a person’s ability to carry out that role, we assess the responsibilities they hold under the actual trust, the decisions involved and the information and support available to them.
We look at the responsibilities they hold, the information and advice available, and how they make the relevant decisions. The report explains our opinion and the evidence supporting it.
Assessments for families and professional referrers across England and Wales.
Which trust, and which responsibilities?
Please identify the trust, the person’s role and the decisions causing concern. Managing a property trust can involve different information from exercising discretionary investment powers. The trust documents and legal instructions help us assess the relevant responsibilities rather than rely on a general description of what trustees do.
Participation has changed
Co-trustees or advisers may have noticed that the person is no longer following discussions or understanding decisions. Relevant examples and records help explain the concern; age or a diagnosis alone is not enough.
A transaction is waiting
A sale, distribution or other decision may be pending. We need the actual proposal and the trustee’s role in it. A report does not itself approve the transaction or resolve every issue delaying it.
Retirement may be the real question
Someone may have difficulty continuing the role yet still be able to decide about a particular retirement proposal. These are separate decisions; we clarify which one or both need assessment.
Understanding the role in this trust
Decision-making with support
We start with the presumption of capacity and take all practicable steps to help the person decide. We first consider whether they can understand, retain, use or weigh the relevant information and communicate their decision. If they cannot, we examine whether an impairment of, or disturbance in, the functioning of the mind or brain causes that inability. Difficulty managing paperwork or needing professional advice is not automatically inability to make trust decisions.
Trustee and beneficiary
A trustee may also be a beneficiary. We distinguish their responsibilities as trustee from their personal interest in the trust, rather than assuming the roles cannot overlap.
Evidence of how the person takes part
Meeting notes, correspondence and accounts from co-trustees can show how decisions are made in practice. We identify the source of each account and explain how it contributes to the opinion.
The report
The report identifies the trust, relevant duties and questions, records and support considered. It explains the reasoning, findings and limitations and is peer reviewed before secure delivery. It does not appoint, replace or remove a trustee.
- The trust’s purpose, principal assets and relevant beneficiaries.
- The person’s role, responsibilities and the limits of their authority.
- The decisions and discretion the trust requires them to exercise.
- Working and communicating with co-trustees and advisers.
- Relevant conflicts between trustee duties and personal interests.
- Keeping appropriate records, accounting for decisions and seeking advice when needed.
- The practical consequences of the particular decisions in question.
Agree the instruction before the assessment
Describe the role and concern
Tell us about the trust, the person’s responsibilities, the concern about capacity and any pending decision or deadline. Say whether acting, retirement or both need assessment.
Gather the relevant trust information
We agree the scope, fee and timetable and identify the documents needed. The solicitor or adviser should explain legal requirements and the intended use of the report.
Assess and report
The assessor meets the person with appropriate communication support and considers the relevant evidence. The written opinion is peer reviewed and delivered securely, with any evidential limits made clear.
Useful records from the trust
Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team.
- The trust deed and relevant amendments or appointment documents.
- A proportionate outline of the assets, beneficiaries and current responsibilities.
- Trust accounts, relevant meeting minutes and decision records.
- Details and papers for any pending transaction.
- Correspondence from co-trustees, solicitors or other advisers about the person’s participation.
- Relevant medical information, earlier assessments, care notes and communication needs.
- Any court directions, requested forms or report requirements.
Single assessment or combined instruction
The single acting-as-trustee assessment and written report cost £720 including VAT. Where both acting and retirement capacity need assessment, the combined service costs £1,080 including VAT for two assessments, two reports and COP3 Part B. We confirm the precise instruction and form requirements before booking.
Capacity to act as trustee assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on capacity to act as trustee of the identified trust. Relevant-record review, peer review and secure delivery are included. Retirement capacity and COP3 are not automatically included in this single assessment.
Acting and retiring: combined instruction
£1,080 including VAT
£900 net + £180 VAT
Separate assessments of capacity to act as trustee and to retire as trustee, with two reports and COP3 Part B for the agreed instruction. Legal implementation and a wider court application are not included.
Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team.
Questions about trustee assessments
Is this the same as capacity to manage personal finances?
No. Acting as trustee involves the particular trust, duties, beneficiaries and decisions. An opinion about someone’s own finances does not automatically answer the trustee question.
Does a trustee have to manage everything without help?
No. We consider the relevant advice and practicable support. Needing help with administration or specialist advice does not, by itself, establish incapacity.
Can a trustee also be a beneficiary?
Yes, the roles can overlap. The assessment needs to distinguish the person’s trustee responsibilities from their own beneficial interest and consider relevant conflicts.
Does a finding of incapacity automatically remove the trustee?
No. The report supplies evidence. The solicitor must consider the trust terms, the applicable law and any required legal or court process.
Can an attorney or deputy simply take over the role?
Not automatically. The relevant authority and any applicable legal provisions must be checked. A capacity report does not transfer trusteeship or enlarge anyone’s powers.
Does the combined service guarantee one visit or a court outcome?
No. It covers the two agreed capacity questions and specified documentation. The assessment arrangements depend on the instruction, and the report cannot guarantee a finding or court decision.
Sources and related assessments
These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction.