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Dundas & Wilson
Trustee Advice

Trustee clients include not only professional trustees from law firms, actuarial and other consultancies, but lay trustees nominated by employers and members. 

Professional trustees often need advice on the validity of costly benefit promises alleged by exiting members, of scheme merger and amendment deeds, of sex-equalisation compliance and of previous trustees’ conduct of scheme affairs. 

Most trustees of DB schemes are becoming aware of the scheme-specific funding regime and the legal powers and duties it gives them to seek adequacy from employers.  Setting statutory funding objectives, enforcement of deficit recovery plans and use of guarantees and other contingent asset types are increasingly matters on which our pension lawyers advise. 

Exercise of wind-up, wind-up deferral, debt compromise, and death-in-service and surplus distribution powers have been trust law issues we have advised on for many years but which recently have become more demanding for most trustees.  Our work for trustees enables us to advise employers, investors and others on likely trustee approaches to negotiation of pension solutions.

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