Publications
Trustee Investment Powers, Final Report 80
If the instrument that creates a trust does not expressly define the trustee’s powers, section 5 of the Trustee Act defines them. Known as the “legal list”, section 5 states which type of investments a trustee may purchase. The list of permitted investments aims to minimize risk. Many Commonwealth jurisdictions are replacing the legal list concept with the prudent investor approach, and a description of this evolution is included in Chapter 2. The prudent investor method encourages […]
| AREA OF LAW | Wills and Succession |
| TAGS | constraint, investment, investor, power, prudent, prudent man, trust, trustee |
| FORMAT | Publications |
| FILE | fr080.pdf |
February 29, 2000
Trustee Investments Powers, Consultation Memorandum 7
A person who creates a trust is entitled to give the trustees investment powers that are as broad or as narrow as the trust creator considers appropriate. A trust portfolio consisting only of assets identified in section 5 of the Trustee Act would be described as conservative and over the long term the return on such a portfolio would be significantly lower than the return that an investor could realize by applying ordinary principles of long-term prudent […]
| AREA OF LAW | Wills and Succession |
| TAGS | risk, constant, investment, investor, power, prudent, prudent man, trust, trustee |
| FORMAT | Publications |
| FILE | CM7.pdf |
September 4, 1999