Jurisdiction(s):
United Kingdom

Key definition

Protector definition

What does Protector mean? A protector is a person, separate from the trustees, appointed by the settlor to supervise the trust and, if the trust deed so provides, to approve, veto or direct specified trustee decisions. The term “protector” is not generally defined by statute or settled case law in England and Wales, Scotland, Northern Ireland or Ireland; it is a descriptive label whose scope depends on the trust instrument and is common in international/offshore trust practice as well as domestic private trusts. Typical powers include requiring consent for distributions, investments, changes of trustees, adding or excluding beneficiaries, varying administrative provisions, or changing governing law...

Trust Protectors: Role, Appointment, Powers, Consent Power Debate, Removal, Liability, Indemnity, Reporting and Drafting Issues

Published by a LexisNexis Private Client expert

Practice notes

What is a Protector?

A protector is an individual who holds powers under a trust but is not a trustee. A protector is independent of the trustee and stands apart from the trustee’s role. The protector’s role is usually to monitor, oversee, or exercise a degree of control over the administration and running of the trust by the trustee. It is commonly the case that a settlor chooses to provide for a protector where a third party or an institutional trust company is formally appointed as trustee.

Why have a protector?

There is no requirement to have a protector of a trust, and the settlor must decide whether or not to provide for one at all. The power most commonly given to a protector is the power to appoint and remove the trustee of the trust as needed. If there is no protector, or no person who is independent of the trustees who holds this power, then difficulties can arise if the beneficiaries are unhappy with the trustee and the trustee refuses to retire...

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Alison Cartin

Taylor Wessing LLP

Alison is a Knowledge Development Lawyer for the Private Client Group, responsible for the team's know how and training needs and monitoring legal and market developments. She regularly leads both in-house and external client training events and writes materials for the Bryan Cave Leighton Paisner Tax blog and clients. Prior to becoming a Knowledge Development Lawyer in 2004, Alison advised high net worth individuals and the international wealth management institutions that serve them on the full spectrum of contentious and non-contentious private client issues. She has extensive experience advising on cross-border tax and wealth planning issues and has been involved in advising governmental and regulatory bodies on the cross-border exchange of information in tax matters and international tax agreements. She is a member of the Society of Trust & Estate Practitioners (STEP)....

Web page updated on 21/05/2026

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