Solicitors Qualifying Examination (SQE) Practice Exa\

If a trustee is going to be away for a significant time, what must they do?

1. Appoint an attorney to act by deed and notify co-trustees

2. Sell their interest in the trust to a third party

3. Transfer the trust entirely to a beneficiary

4. Cancel the trust until their return

The correct answer is: Appoint an attorney to act by deed and notify co-trustees

When a trustee is going to be away for a significant period, the appropriate action is to appoint an attorney to act on their behalf and notify co-trustees. This ensures that the trust's responsibilities and obligations are managed effectively during the absence of the trustee. The appointed attorney can make decisions and carry out necessary actions in relation to the trust, ensuring continuity and proper management of the trust assets. Additionally, notifying co-trustees is essential for transparency and collaborative governance, allowing them to work with the appointed attorney while the trustee is unavailable. The other options do not align with the best interests of managing a trust. Selling the trustee's interest or transferring the trust entirely to a beneficiary would not address the issue of absence and could create complications with trust management and the rights of other beneficiaries. Canceling the trust until the trustee's return is not practical, as it would disrupt the legal structure that is in place and potentially harm the beneficiaries' interests. Therefore, the correct course of action is to ensure that the trustee's duties continue seamlessly by appointing an attorney and informing co-trustees.