PROTECTOR

PROTECTOR

protector.

1. An unrelated, disinterested overseer of a trust who possesses broader authority than a trustee. ? Protectors are usu. appointed to manage offshore trusts, but the concept is slowly being applied to domestic trusts. Protectors often possess broad powers to act for the benefit of the trust, as by removing trustees and clarifying or modifying trust terms to promote the settlor’s objectives. For these reasons, a protector is generally not a trustee or beneficiary of the trust. Cf. TRUSTEE.

2. A person who, having been named in an instrument creating a fee tail, has the responsibility of exercising discretion over whether the tenant in tail may bar the entail.

¡ª Also termed protector of the settlement.

¡°The only additional restriction imposed upon the alienation of an estate tail is that the consent of the person who is called the Protector of the settlement is necessary to its being effectually barred. Alienation by tenant in tail without this consent binds his own issue, but not remaindermen or reversioners, and creates what is called a ¡®base fee.¡¯ The Protector of the settlement is usually the tenant for life in possession; but the settlor of the lands may appoint in his place any number of persons not exceeding three to be together Protector during the continuance of the estates preceding the estate tail.¡± Kenelm E. Digby, An Introduction to the History of the Law of Real Property 255 (5th ed. 1897).


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