Trustees: What Is A Lien? – Finance and Banking – Isle of Man – Mondaq News Alerts

Isle of Man: Trustees: What Is A Lien?

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What is a lien?

A right to keep possession of property belonging to another
person until a debt owed by that person is discharged.

A trustee has the right to be indemnified against proper trust
expenses out of the assets of the trust.

A trustee has a lien over the trust fund to secure their right
to be indemnified.

When it is important?

In the event of:

  • An appointment to a beneficiary
  • A change in trustee
  • An insolvent trust
  • Contingent liabilities arising

Trustees Rights

  • Reimbursement of costs
  • Exoneration for any liabilities
  • Realisation of assets
  • Retention of trust fund

Important considerations

When a trustee enters into a contract with a third party it is
personally liable on that contract unless it contains a term that
excludes personal liability.

Where a trustee decides to retain trust assets, it is advisable
that they record the exact terms and conditions on which they
retain those assets, for the benefit of all parties

A trustee is not automatically entitled to retain the whole
trust fund. If the maximum liability is known, a trustee can retain
that maximum amount; if the maximum liability is unknown, a trustee
should retain enough to cover an amount calculated on reasonable

Originally published 10 June, 2020

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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