PSI1.3.39 - Establishment and Administration of Retirement Benefits Schemes: Exempt Approved Schemes and Conformity with Trust Law - Trustees - Appointment


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

The declaration of trust setting up a scheme normally appoints the first trustees. They will normally sign the deed and so indicate their acceptance of trusteeship. In English law it is not necessary to accept office formally so you should assume that a person named as trustee is so acting unless there is evidence to the contrary. But in Scottish cases the trustee must formally record his acceptance of office (see PSI1.3.24).