Remuneration of non-professional trustees
Lay trustees—no remuneration provision in trust instrument
Generally, a non-professional, or 'lay', trustee must not derive any profit or advantage from the trust, so is not entitled to remuneration1, unless there is some special provision in a Will or trust deed2.
Lay trustees are therefore expected act gratuitously, as highlighted in the breach of trust case of Brudenell-Bruce v Moore3 where a lay trustee was ordered to repay the remuneration he had taken as a salary, because he had initially agreed to work for free, even though the role was far more onerous that he had originally anticipated. The Court would not exercise its jurisdiction to authorise the payment as it was not in the interests of the good administration of
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Web page updated on 17 Mar 2025 16:43