Indian Law firm/ Lawyer for online legal help: Lawyers Network provides online legal help in India, Our network of foreign law firms associates in 30 countries for help in immigration, trade disputes, arbitrations, joint ventures & new business abroad. Identify your Lawyer/ Advocate for legal services: Ahmedabad, Agra, Patna, Ranchi, Bombay, Amritsar, Bangalore, Baroda, Chandigarh, Chennai, Coimbatore, Cochin, Calcutta, Surat, Nagpur, Madurai, Delhi , Gurgaon , Goa, Hyderabad, Jaipur, Jalandhar, Kanpur, Kochi, Kolkata, Lucknow, Mumbai, Pune, Trivandrum/ Thiruvananthapuram.

TRUSTEE / BENEFICIARY OF A PRIVATE TRUST

• Any person who is capable of holding property can be appointed a trustee.

• A person has capacity to hold property if such a person is capable ofadministering the property effectively and efficiently with ordinary prudence.Depending upon the nature of the trust, if trustee is required to play apassive and role without any scope of discretion a minor may as well beappointed as trustee

• However, where the trust involves exercise of discretion such as trustrequiring sale of property or its investment, the trustee should be of theage of majority, of sound mind and should not be disqualified by any law.

• A Corporation, a company or association of persons may as well be appointedas trustee.

BENEFICIARY OF A PRIVATE TRUST

• Every person capable of holding property such as a human being,corporation, Company and even a state can be made beneficiary of a trust.

• An unborn person can also be made beneficiary.

• However, a proposed beneficiary is not bound by the desires of the personcreating the trust. Such a proposed beneficiary can renounce his interestunder the trust by either making a disclaimer addressed to the trustee orby setting up a claim inconsistent with the trust.

RIGHTS OF A BENEFICIARY

• Unless the trust instrument expresses a different intention, abeneficiary has a right to the rents and profits of the trust property.

• Again, the beneficiary has the right to ensure that the intention of theauthor of the trust is specifically executed to the extent of thebeneficiary's interest therein.

• Accordingly, a beneficiary can compel the trustee to perform any particular act of his duty or can as well restrain the trustee from committing any contemplated or probable breach of trust.

• If no trustees are appointed or all the trustees die, disclaim or aredischarged or where for any other reason the execution of a trust by thetrustee becomes impracticable, the beneficiary can file a suit for theexecution of the trust. In such a circumstance, the court executes thetrust until a trustee is appointed for the same.