I apologise in advance if my questions have an obvious answer but I am not qualified in English law. I am trying to establish -
1.whether it is competent for an attorney(the donee) appointed by a trustee(the donor) in a General Trustee Power of Attorney in terms of S25 of the Trustee Act 1925 to sign a deed of resignation (or a deed of appointment and resignation) on behalf of the donor. Or would this be beyond the scope of such a PoA?
2. whether it is possible for one such PoA to relate to several different trusts, if the details of each trust (simply the names of the settlors) are narrated in a schedule to the PoA.
3 whether the requirements of subsection (4) of S25 ( re the need for written notice to be given to co-trustees etc before or within 7 days of the “giving” of the PoA) would be satisfied if the PoA were to be signed now but contain a clause deferring its operation in respect of each trust until the date on which such notice was actually given.
Any advice would be very much appreciated. Thank you
1 – Yes, I believe that the attorney can validly execute such deeds on behalf of their principal
2 – I consider a separate power should be executed for each individual trust. If a power purports to cover a number of trusts there will be confidentiality and GDPR issues, even if it is otherwise “valid”.
3 – It is the giving of the power (i.e. the signing of it by the trustee) that triggers the 7 day notice requirement, regardless of the date from which the power is intended to be effective. If it were only to be effective once notice was given, how does one satisfy a third party as to the date upon which it is intended to be effective if this is not clear on the face of the power? If no clear date is specified, the power may be invalid, or valid for the initial 12 month period from the date of signing only.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Thank you very much for your prompt reply. Re your response no. 3 “how does one satisfy a third party as to the date upon which it is intended to be effective if this is not clear on the face of the power?” I take your point entirely, what I had envisaged was a clause in the PoA stating specifically that it would be effective from the date of the last acknowledgement of receipt from the settlor/co- trustees of the necessary written notices , copies of which acknowledgements would fall to be exhibited with the PoA. I wonder if that would work?
At best, I believe the power would be valid for 12 months from the date it was signed. However, I am inclined to the view that it would not be a valid s.25 power.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals