ABSTRACT
An introduction to the challenges faced when assessing the mental incapacity of a trust protector, particularly in aging international trust structures. Settlors and protectors now face cognitive decline, affecting crucial decisions within trusts. Sophisticated protectors may struggle to recognize or accept their diminishing capacity, possibly masked by others. Trust deeds from 30 to 50 years ago may inadequately address these issues, leading to potential conflicts and delays in administration. If a protector’s capacity is questioned, vital decisions, such as trustee changes, may be contested, complicating trust management.
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Jeremy Kosky, The challenges arising when assessing the mental incapacity of a protector, Trusts & Trustees. Published: 24 August 2025.
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