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Legal Terms – Enforcer
A third party to a trust who is neither a trustee nor a beneficiary, appointed under the trust instrument to ensure compliance with the trust's provisions. While this role is acknowledged in many countries, English law adheres to the *beneficiary principle, which stipulates that a trust is effective only if there exists a human beneficiary capable of enforcing it. The sole exclusions are charitable trusts, which are enforced by the Crown, and a narrowly defined category of purpose trusts. There is increasing support in certain academic circles for substituting the beneficiary concept with a more expansive enforcer principle, allowing specified individuals who are not beneficiaries to enforce the provisions of a trust. Most offshore jurisdictions permit purpose trusts provided an enforcer has been designated.
A third party to a trust who is neither a trustee nor a beneficiary, appointed under the trust instrument to ensure compliance with the trust's provisions. While this role is acknowledged in many countries, English law adheres to the *beneficiary principle, which stipulates that a trust is effective only if there exists a human beneficiary capable of enforcing it. The sole exclusions are charitable trusts, which are enforced by the Crown, and a narrowly defined category of purpose trusts. There is increasing support in certain academic circles for substituting the beneficiary concept with a more expansive enforcer principle, allowing specified individuals who are not beneficiaries to enforce the provisions of a trust. Most offshore jurisdictions permit purpose trusts provided an enforcer has been designated.
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