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Trustee

A person who holds property rights for the benefit of another.

In Smith v Andrews, Master Jessels used these words:

"A trustee is a man who is the owner of the property and deals with it as principal, as owner, and as master, subject only to an equitable obligation to account to some persons to whom he stands as trustee, and who are his cestui que trust."

The difficulty in the above definition is that the trustee is not the owner of the trust property. The trust owns the trust property; the trustee but the manager or administrator of it.

In Halsbury's Laws of England, 4th Edition (2007), the editors describe a trustee as:

"The trustee holds the property or must exercise his rights of property in a fiduciary capacity, and stands in a fiduciary relationship to the beneficiary."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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