Can a trustee be a constituent and beneficiary of a trust? | ScriptaLegal
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Frequently asked questions > Asset protection > Trust > Can the trustee be constituent and beneficiary of a trust at the same time?

Can the trustee be constituent and beneficiary of a trust at the same time?

The constituent can appoint himself as trustee but on the condition of acting with another trustee who is neither constituent, nor beneficiary. The same rule exists for the accumulation of duties of trustee and beneficiary. The appointed beneficiary who is also a trustee must exercise his duties jointly with another person who is neither beneficiary, nor trustee.

Certain tax considerations also come to limit the double roles within the trusts.

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