When drafting a trust deed, it is critical to consider what powers a trustee will need to effectively perform his or her duties.  Too often the “powers” section of a trust deed is glossed over as “boilerplate” language.  Failing to provide a trustee with adequate or appropriate powers can interfere with his or her ability to effectively perform the role of trustee.  This paper examines trustee duties and common types of trust powers.  It explains the purpose of each and how trustee liability can arise and be avoided.

This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.