The Evolving Role of Protectors: Legal Rulings and Responsibilities in Trusts

Our Chairman, Steve Sokić, joined the panel at the Transatlantic Wealth & Estate Planning Conference in London on 3 November 2026 to explore the evolving role, use and obligations of trust protectors.

Historically appointed to provide a form of oversight of trustees, protectors have played and continue to play a valuable role in family wealth governance, but important legal and practical considerations have evolved over the last few decades, especially recently, bringing new light and interest in the role. Steve, along with his fellow panellists, Elizabeth Kubanik (of Sullivan Cromwell) and Sophie Carr (of Withers), hosted an insightful, highly interactive, and engaging session bringing to light those developments.

Bringing a uniquely dual Jersey and US perspective, Steve kicked it off looking back and gave some historical context as to the origin of trust protectors, along with a brief history and outline of trust powers typically given to them (i.e. positive direction and/or consent/veto). He went further and outlined the existing statutory guidance in both the US and Jersey as to protectors and their legal obligations, including the related “wide/fiduciary” vs “narrow/personal” question relating to protector powers. It was clear that there is more statutory codification in place in many US states (e.g. Wyoming) versus that in Jersey which is largely silent on the matter, which the panel agreed is not uncommon given the different approach to trust and other statute drafting between those jurisdictions.

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