Custodian Trustee

Custodian Trustee

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Custodian Trustee

The question is: "how relevant is the concept of Custodian Trustee?"

As far as can be determined the Parish Council as the Public Trustee and has not agreed to be a Custodian Trustee. If the Charity, who says that it is the "Management Trustee", wants to claim that the owner of the property in question is the "Custodian Trustee" they need to provide documentation that this agreement was made.

The Charity's Govenering Document states:

The Parish Council of Belchamp Walter shall be the custodian trustee of the charity and the provisions of sub-section (2) of section 4 of the Public Trustee Act 1906 shall apply to the said council and to the committee respectively in like manner as they apply to the Public Trustee and managing trustees.

The Public Trustee Act 1906 says:

... Under section 1 ....

General powers and duties of public trustee.

(1) Subject to and in accordance with the provisions of this Act and rules made thereunder, the public trustee may, if he thinks fit —
- (a) act in the administration of estates of small value;
- (b) act as custodian trustee;
- (c) act as an ordinary trustee;
- (d) be appointed to be a judicial trustee; Where the public trustee is appointed to be custodian trustee of any trust

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There is no such agreement recorded under section 1 of the Public Trustee Act 1906, section 1(b). i.e. to be the "Custodian Trustee".

As such section 2 cannot be enforced or be relevant.

For that matter, what is the role of a "Judicial Trustee"?

The Charity needs an MOU or a formal lease with the owner (or Public Trustee) to carry on operations at the property in question.

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