Trustee with custody concept
Posted: Sat Oct 25, 2025 9:55 am
A trustee with custody is a legal role where the trustee is responsible for the physical holding and safekeeping of trust assets, but a separate trustee (or the beneficiaries) manages the assets' investment and administration. This "custodian trustee" holds the assets in a fiduciary capacity, safeguarding them while the "managing trustees" make decisions like selling and investing, as outlined in the trust document.
Custodian trustee
Role: Primarily holds and safeguards trust property, documents, and investments.
Function: Administers the "care and custody" of the assets but does not have powers to manage or make decisions about them.
Legal context: This is a specific legal role, often created to provide a safeguard against mismanagement and reduce costs associated with transferring assets when new managing trustees are appointed, according to LexisNexis.
Who can be one: In the UK, for example, only certain entities like a public trustee or a trust corporation can act as a custodian trustee, notes Practical Law.
Managing trustee
Role: Manages the day-to-day activities of the trust, including investment and distribution of assets.
Function: Has the power to make decisions about selling, investing, and distributing the trust's property to beneficiaries, according to the terms set by the trust's creator, says Policygenius.
Custodian vs. trustee (in a general context)
General distinction: In a broader sense, a trustee manages a trust, while a custodian is the entity (often a financial institution like a bank) that holds the physical assets.
Overlap: In some cases, one person or entity can be both the trustee and the custodian. However, in a "custodian trustee" arrangement, the roles are intentionally separated for better security and administration.
Custodian trustee
Role: Primarily holds and safeguards trust property, documents, and investments.
Function: Administers the "care and custody" of the assets but does not have powers to manage or make decisions about them.
Legal context: This is a specific legal role, often created to provide a safeguard against mismanagement and reduce costs associated with transferring assets when new managing trustees are appointed, according to LexisNexis.
Who can be one: In the UK, for example, only certain entities like a public trustee or a trust corporation can act as a custodian trustee, notes Practical Law.
Managing trustee
Role: Manages the day-to-day activities of the trust, including investment and distribution of assets.
Function: Has the power to make decisions about selling, investing, and distributing the trust's property to beneficiaries, according to the terms set by the trust's creator, says Policygenius.
Custodian vs. trustee (in a general context)
General distinction: In a broader sense, a trustee manages a trust, while a custodian is the entity (often a financial institution like a bank) that holds the physical assets.
Overlap: In some cases, one person or entity can be both the trustee and the custodian. However, in a "custodian trustee" arrangement, the roles are intentionally separated for better security and administration.