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059

Case 059Estate, succession and trustsCore

You are trustee of a Rs 6 crore trust for a minor. The guardian asks for Rs 40 lakh to buy a car; the deed allows spending on education, health and maintenance. Walk through what a fiduciary does with this request that day.

BMBNY MellonNew York · 2022

1The situation

You are the professional trustee of the Rangnekar minor's trust, set up by a grandfather for his granddaughter, now 11. The trust holds Rs 6 crore and its deed allows the trustee to pay for her education, health and maintenance until she is 25, when the balance passes to her.

Her aunt, who is her guardian and lives with her, emails asking for Rs 40 lakh to buy a car, saying it will be used to take the child to school and activities. The trust's budgeted spending on the child is about Rs 20 lakh a year, and the portfolio is expected to earn about 7%.

2Your task

What does the trustee do with this request, step by step, and what is the answer to the guardian?

Quick check

What is the first test the trustee applies?

Worked solution

Try it on paper, then open one step at a time.

30-second answerThe answer to give first

Test the request against the deed, decline the car as asked, offer to pay the child's school transport instead, record the reasons, and reply in writing. The trust can afford Rs 40 lakh, 6.7% of its assets, but affordability is not the test. A car chiefly serves the guardian; getting the child to school is maintenance. Funding transport at about Rs 1.8 lakh a year meets the child's need within the deed.

Step 1What does a fiduciary actually do all day?

Much of it is exactly this: requests arrive, and each one is judged against a document someone else wrote. A fiduciaryA person who holds money or power on behalf of someone else and must act in that person's interest, not their own or a third party's. acts for the beneficiary, not for whoever is asking, and must be able to show why each decision was made. Think of a school principal handling a parent's request for an exception: the rulebook, not the parent's persuasiveness, decides, and the file records why. The rest of the day is investment reviews, tax filings, accounts and beneficiary meetings, all with the same discipline.

A trustee's day: judge the request against the deed, and write down why1 ReceiveRs 40 lakh fora car, from theguardian2 TestDeed allows onlyeducation, health,maintenance3 DecideCar as asked: noSchool transportRs 1.8 lakh/yr: yes4 RecordMinute theclause, reasonsand advice5 ReplyWritten replywith the reasonand the offerCan the trust afford it?Yes: Rs 40 lakh is 6.7% of Rs 6 crore.But affordability is not the test.The deed decides what money may be spent on.Does the deed allow it?A car mainly serves the guardian.Getting the child to school ismaintenance: fund that, not the car.
The trustee receives the Rs 40 lakh request, tests it against the deed's education, health and maintenance purposes, declines the car but offers Rs 1.8 lakh a year of school transport, minutes the reasons and replies in writing the same day.
Step 2Why is affordability the wrong first question?

Run the affordability check anyway, because the interviewer will ask. The child's budget of Rs 20 lakh a year, rising 6% a year for 14 years and discounted at 7%, is worth about Rs 2.64 crore today, well inside Rs 6 crore. So the trust can afford the car, and that is precisely why affordability cannot be the test: a trustee who spends whatever the trust can bear empties it for purposes the settlor never allowed. Rs 40 lakh is two full years of the child's maintenance budget.

Annual spending on the childRs lakhDeed purpose
School fees8.0Education
Health cover and care2.0Health
Maintenance: food, clothes, activities10.0Maintenance
School and activity transport, offered1.8Maintenance
Total with transport21.8
Car requested, one-off40.0Not clearly any
The child's regular budget is Rs 20 lakh a year across the deed's three purposes; school transport adds Rs 1.8 lakh under maintenance, while the one-off Rs 40 lakh car fits none of them cleanly.
Step 3How do you decide, record and reply?

Decide on the child's need, not the asset requested. The need is transport to school and activities, which is maintenance; the Rs 40 lakh car would mainly be an asset in the guardian's hands, so the trustee declines it and offers to pay transport costs of about Rs 1.8 lakh a year directly. If the deed's wording is unclear, the trustee takes legal advice before deciding and says so. Then the record: a minute naming the clause, the facts, the options considered, any advice and the reasons. Finally a courteous written reply the same day, stating the decision, the reason and the offer, because an unanswered guardian becomes a dispute.

The limit worth naming: a trustee is not there to second-guess every family decision, and refusing everything is its own failure. The job is to find the part of the request the deed allows and fund that part promptly.

Where candidates lose it

Candidates who have never worked in trusts answer the investment question: can the portfolio bear Rs 40 lakh? It can, and saying yes on that basis is the mistake. The deed, not the balance, decides.

The other miss is stopping at no. A good trustee separates the child's real need from the asset requested, funds the need and writes down why; the record is what protects the trustee if the guardian later complains.

What the interviewer asks next

  • The deed also allows spending for the child's benefit. Does that change your answer?
  • The guardian offers to register the car in the trust's name. Is that enough?
  • What would you do if the guardian asked the same thing every month?

Asked at BNY Mellon, Private Wealth Management, New York, 2022 (Wall Street Oasis): My interviewer worked in the fiduciary side and I completely blanked when she asked me to describe what she did

← Case 058A client holds Rs 10 crore of one stock at Rs 2,000. He buys a Rs 1,800 put for Rs 60 and sells a Rs 2,300 call for Rs 60. What is his position worth if the stock goes to Rs 1,500, and if it goes to Rs 2,600?Case 060 →A client paused his Rs 25,000 monthly SIP for 12 months during a 20% fall and restarted after the recovery. How many units did he miss buying cheaply, and what did the pause cost him at recovery?

Company names and figures are illustrative.

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