Delegation Among Co-Trustees Clause
(Routine Acts of Trust Administration) (CA)

Summary

This template contains alternate provisions that may be used in a trust instrument or a will that creates one or more testamentary trusts to authorize delegation of routine acts of trust administration among co-trustees. It may be used in California. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Generally, a co-trustee has the duty to participate fully in the administration of the trust, and all action must be taken unanimously. One co-trustee may not delegate the administration of the trust, or any acts that the co-trustee can reasonably be required to perform personally, to another co-trustee. However, a trust or will that creates testamentary trusts may alter the default rule, allowing a co-trustee to delegate the performance of certain functions to another co-trustee when it would be permissible to delegate those functions to an agent under ordinarily prudent business practice. Through permissible delegation, the trust may obtain the advantage of having one co-trustee available to perform certain trust functions that may be more conveniently or efficiently carried out by one trustee, subject to the duties of each co-trustee to supervise and keep track of the activities of the other(s). For information about creating valid trusts, see Requirements and Restrictions on Trust Purposes and Administration (CA). For co-trustee appointment clauses, see Co-Trustee Appointment Clause (Will) (CA) and Nomination of Successor Trustees Clause (CA). For a provision conferring one co-trustee's power to direct other co-trustees, see Trustee Authorization Clause (Power to Direct Co-Trustee) (CA).