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Taking the Next Step With ESG Investing in TrustsTaking the Next Step With ESG Investing in Trusts

Drafting tips and considerations for trustees and their advisors.

16 Min Read
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As many now know, environmental, social and governance (ESG) investing is clearly a thing.1 As of December 2021, assets in U.S. sustainable funds totaled $357 billion.2 New flows to those funds in 2021 were $71 billion, easily outpacing 2020’s previous record flows of $51 billion.3

For trustees, the interest in ESG investing presents a quandary.4 Beneficiaries, grantors, investment managers and other advisors, as well as the trustee’s own views, may motivate a trustee to explore ESG investing. Yet depending on the trustee’s approach, a trustee’s fiduciary duties may restrict their ability to act on their increasingly common intentions.

Fiduciary Duties

In general, a trustee under the prudent investor rule (PIR) must consider many factors in...

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About the Authors

Gerald Joyce

Gerry is responsible for trust and estates planning and administration. Gerry has over 30 years of experience in trusts and estates and has held senior positions at leading wealth management companies, working closely with domestic and international clients to develop customized trust and estates strategies. He is a member of Fiduciary Trust’s Management and Operating Committees. Prior to joining Fiduciary Trust, he served for over 16 years at HSBC Private Bank, most recently as managing director, head of US personal trust and Chairman of the Board of Directors of HSBC Trust Company (Delaware), N.A. Prior to that, he served as executive vice president at Brown Brothers Harriman Trust Company. He is a member of the Association of the Bar of the City of New York and is a member of the Taxation Committee of the Trusts and Estates Law Section of the New York Bar Association. He also has been active with STEP (Society of Trust and Estate Practitioners) and has decades of experience with international estate planning, especially cross-border families passing a legacy to US family members. Gerry is a member of National Association of Estate Planners & Councils NAEPC Hall of Fame® and Accredited Estate Planner® (Distinguished). He is also a member of the American Bar Association, Massachusetts Bar Association, and a past member of Boston Estate Planning Council. He serves on the board of the Samuel Waxman Cancer Research Foundation. He has lectured on family and closely held business planning, international estate planning and trust administration, fiduciary investments and administration, effective charitable giving, and complex transfer tax planning issues for the Practicing Law Institute, the New York City Bar Association and the American Bankers Association. He received his Bachelor of Arts degree in finance from Lehigh University and his Juris Doctor degree from Fordham University School of Law where he was on Law Review. He is admitted to the Bars in New York and Massachusetts.

Bryan D. Kirk

Managing Director and Trust Counsel, Fiduciary Trust Company International

Bryan D. Kirk, Managing Director and Trust Counsel, is a senior trusts and estates advisor for Fiduciary Trust Company International, where he provides guidance on all aspects of estate planning and trust and estate administration. Mr. Kirk has broad experience in multi-generational asset management and transfer planning, including estate, gift, generation-skipping transfer and income tax planning, charitable giving, philanthropy, real property matters and complex assets, such as private equity and debt. He also serves as Chief Fiduciary Officer of Fiduciary Trust Company International of California. Before joining Fiduciary Trust Company International, he was a partner with Botto Law Group LLP in San Francisco. Mr. Kirk earned his law degree from University of California, Berkeley, and graduated cum laude from Claremont McKenna College with a Bachelor of Arts degree in literature and government.