Estate & Succession Planning
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Estate & Succession Planning
Recent developments around the governance of the Tata Trusts , particularly on questions of trustee tenure, “lifetime appointments,” and voting protocols , remind us of an important truth: even the most sophisticated trusts can face internal disputes when governance provisions are unclear or open to interpretation.
For families establishing or managing trusts, this underscores the need for robust, unambiguous, and professionally managed governance frameworks. One of the most effective ways to achieve this is by appointing a Corporate Trustee in addition to family trustees.
1. Clarity on Trustee Tenure and Appointment
Ambiguities about whether trustees are appointed for life, for fixed terms, or subject to renewal often lead to disputes. A well-governed trust must clearly define:
A Corporate Trustee ensures these provisions are interpreted and applied consistently, reducing discretion-based conflict.
2. Avoiding Ambiguity Around “Lifetime Appointments”
Indian trust law does not default to lifetime tenure. Unless explicitly drafted and clarified, vague terms can trigger competing interpretations, challenges to trustee decisions, and even regulatory intervention.
A Corporate Trustee brings legal discipline to drafting, reviewing, and interpreting such clauses, ensuring long-term stability.
3. Structured Decision-Making & Voting Protocols
Trustees often differ on what requires a majority, super-majority, or unanimous vote.
A Corporate Trustee ensures:
This prevents avoidable disputes and ensures continuity in governance.
4. The Larger Message: Governance Risks Exist at Every Scale
The situation at Tata Trusts demonstrates that complexity increases with size, but governance challenges begin much earlier , even in mid-sized or newly formed family trusts.
Clear drafting, structured decision-making, and professional oversight are essential to avoid disputes that can strain relationships and derail the trust’s purpose.
A Corporate Trustee brings the discipline and processes needed to meet these obligations, reducing the risk of regulatory scrutiny.
Why a Corporate Trustee Matters
Appointing a Corporate Trustee alongside family trustees offers:
At Entrust Family Office, we believe a Corporate Trustee is not an additional layer , it is a stability anchor that ensures the trust fulfils its purpose across generations.
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