In a trust, who is responsible for ensuring the terms are carried out?

In a trust, the trustee has the primary responsibility for ensuring that the terms of the trust are carried out according to the wishes of the grantor. The trustee is a fiduciary, which means they must act in the best interest of the beneficiaries while adhering to the specific instructions laid out in the trust document. This role involves managing and distributing the trust's assets, ensuring that all legal obligations are met, and keeping accurate records of transactions. The trustee is obligated to act impartially among the beneficiaries and to follow the grantor's instructions as closely as possible, thus upholding the purpose of the trust itself.

While the grantor is the person who sets up the trust and establishes its terms, they are not responsible for its execution once the trust is created. The beneficiaries, on the other hand, receive benefits from the trust but are not involved in managing its assets or ensuring compliance with its terms. An attorney may assist with the legal aspects of setting up the trust or offer legal advice, but they do not have the responsibility of executing the trust's terms. Therefore, the trustee is the correct choice when it comes to carrying out the terms of a trust.