Forward Planning for
Sustainable Governance

Advice by Family Council to Trustees or to a Foundation

Where there are family Trusts, the Family Council will need to advise the Trustees. Family values and family governance arrangements may be incorporated into the terms of the Trust Deed and family rules and values may be reflected in the Letter of Wishes. Lea & White can advise on all these issues and provide the drafting of the documents as necessary and appropriate.

Where a Private Trust Company is the Trustee of a Trust for the family, family governance is also brought into the mechanism for selection of board members for the trustee company. Lea & White can provide for this mechanism.

As mentioned with regard to Trusts and Foundations, retention of control to the extent possible by the family’s structure for IEP can be achieved through reserved powers, by special types of Trust, by the use of a Limited Partnership combined with a Trust and by providing suitable powers to Protectors of Trusts. Where a Foundation is concerned, control is achieved through reserved powers to the Founder or other persons, by the member of the Council of the Foundation and by a Supervisory Person. All of this depends upon the governing law of the Trust or of the Foundation. Lea & White can advise on all these matters and draft documents to achieve what is required to meet the needs and wishes of the family.

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