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Multi-Participant Trusts Need a CoordinatorMulti-Participant Trusts Need a Coordinator

Multi-participant trusts1 have become immensely popular. These trusts replace the single, all-powerful trustee with a host of independent decisionmakers, all deriving their authority directly from the trust instrument. At first, we saw multi-trustee trusts whose co-trustees, instead of sharing all trustee powers as was traditional, were each assigned discrete roles. That approach quickly evolved into

24 Min Read
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John P.C. Duncan & Anita M. Sarafa

Multi-participant trusts1 have become immensely popular. These trusts replace the single, all-powerful trustee with a host of independent decisionmakers, all deriving their authority directly from the trust instrument.

At first, we saw multi-trustee trusts whose co-trustees, instead of sharing all trustee powers as was traditional, were each assigned discrete roles. That approach quickly evolved into today's multi-participant trusts that have a directed trustee — plus: At a minimum, there's also a trust advisor or investment committee with sole power over all investment decisions or a particular asset, such as a closely held company. Sometimes, there's also another trust advisor to advise the trustee on i...

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About the Authors

John P.C. Duncan

Partner, Kozusko Harris Duncan

John Duncan is a partner in the Chicago office of Kozusko Harris Duncan, private client/wealth management counsel. A former head of Jones Day’s world-wide bank and investment practice, John formed Duncan Associates in 2000 to focus on representing single and multi-Private Family Trust Companies. John has assisted clients in the formation of over one hundred trust companies in 14 states, including national trust banks. He drafted the CSBS Trust Options and drafted or advised on drafting comprehensive trust, trust company and other financial institution and trust laws for Illinois, New Hampshire, Nevada, South Dakota, Tennessee, Wyoming and Florida, as well as federal and state regulations of trust companies.