The trust has always been regarded as one of the best succession vehicles, but using a trust to cater for the succession of shares in companies has historically been impeded by a rule of English trust law that is designed to help preserve the value of trust investments. This rule, which is known as the prudent-man-of-business rule, has traditionally made the trust an unattractive vehicle to hold assets that settlors intend trustees to retain. Another aspect of the rule effectively requires trustees to monitor and intervene in the affairs of underlying companies. This also creates difficulties both from the settlor's standpoint and from that of the trustees.
March 01 2004