The Trustee Act 2000 introduced a statutory duty of care upon trustees when exercising their powers of investment.
Trustees must seek specialist knowledge and experience. Therefore, as a trustee you will need to seek professional advice on a wide range of issues including taxation, the level of risk being taken and ongoing legal obligations, whether that be on behalf of a charity, family settlement or pension scheme. Changes in taxation and the economic climate may mean existing trust investments are no longer appropriate.
The Act states that trustees should invest as if they are absolutely entitled to the assets, ensure the ongoing suitability of the investments, consider tax, ensure sufficient diversity, consider the size and risk profile of the trust and regularly review the trust investments. If you’re not doing this you could be breaking the law.