Trust Management Agreement Template for England and Wales

A Trust Management Agreement is a legal document governed by the laws of England and Wales that establishes the terms and conditions under which a professional manager is appointed to manage trust assets. It outlines the manager's duties, investment powers, reporting obligations, and fee arrangements, while ensuring compliance with trustee legislation and fiduciary responsibilities. The agreement provides a framework for professional trust management while protecting beneficiaries' interests and ensuring proper governance.

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What is a Trust Management Agreement?

A Trust Management Agreement is essential when trustees seek to delegate the day-to-day management of trust assets to professional managers. This document, governed by English and Welsh law, establishes the legal framework for such delegation, ensuring compliance with the Trustee Act 2000 and related legislation. It details investment parameters, reporting requirements, fee structures, and risk management protocols, while maintaining appropriate oversight and control mechanisms. The agreement is particularly relevant for complex trusts, charitable foundations, and pension arrangements where professional management is required.

What sections should be included in a Trust Management Agreement?

1. Parties: Identification and details of the trustee(s), manager(s), and any other relevant parties

2. Background: Context of the trust arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of manager and scope of authority

5. Duties and Responsibilities: Detailed obligations of the manager

6. Investment Powers and Restrictions: Parameters for investment activities

7. Fees and Expenses: Compensation structure and recoverable costs

8. Reporting Requirements: Regular reporting obligations and requirements

9. Term and Termination: Duration and circumstances for ending the agreement

What sections are optional to include in a Trust Management Agreement?

1. Delegation: Terms for delegation of management duties to sub-managers or other third parties

2. ESG Requirements: Environmental, social and governance investment criteria and related obligations

3. Special Investment Restrictions: Additional investment limitations for specific types of trusts (e.g., charitable)

What schedules should be included in a Trust Management Agreement?

1. Schedule 1 - Trust Assets: Initial assets under management

2. Schedule 2 - Investment Guidelines: Detailed investment parameters and restrictions

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges

4. Schedule 4 - Reporting Requirements: Format and frequency of required reports

5. Appendix A - Authorized Signatories: List of persons authorized to give instructions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Trust Agreement

Cost

Free to use

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