About SWW Trust Corporation

Founded in 2004, the SWW Trust Corporation was initially designed to provide expert probate and estate administration services and advice to the Society of Will Writers members and their clients.

Based in Lincoln, we have a small dedicated team of professionals who specialise in probate, trusts and estate administration. The team are on hand to provide you with an individual and personalised service at what is a difficult time.

Over the years we have grown and now offer our services and expertise to anyone requiring assistance with probate and estate administration.

What is a Trust Corporation?

The SWW Trust Corporation qualifies as a trust corporation as defined by s68(18) of the Trustee Act 1925 and appointed by the court to be a trustee and complies with the requirements set out in the Trustee Act 1906.

Why use the SWW Trust Corporation as Executor and Trustee

The persons named in the Will as Executors will apply for the grant of probate, administer the estate and where it is appropriate, become trustees of any trusts arising from the testator’s Will.

In the past it has been accepted practice to appoint individual partners in solicitors’ firms as executors in Wills, however such appointments means that only partners to whom the grant of representation is made can sign documents and make decisions on behalf of the estate.

This is likely to create unnecessary delays in the administration of the estate, especially if the named partner has left the firm or retired.

By appointing the SWW Trust Corporation these delays can be avoided. The SWW Trust Corporation can act as an executor or administrator (intestate estates) either solely or jointly with others and can also be appointed as a reserve executor.

The Senior Courts Act 1981 states at s115(1) that only a properly constituted trust corporation can take a grant of probate to an estate alone or jointly with another.

SWW Trust Corporation as an Attorney

The SWW Trust Corporation may be appointed as an attorney under one of the following:

•  A general power of attorney;
•  A trustee power of attorney; or
• A Property and Affairs Lasting Power of Attorney under s10(1)(b) Mental Capacity Act 2005.

For a Lasting Power of Attorney the SWW Trust Corporation can be appointed to act as an attorney on its own or together with others. Note it cannot be an attorney under a health and welfare LPA.

Benefits of appointing the SWW Trust Corporation
From a client’s point of view, the benefits of appointing the SWW Trust Corporation include:

• Continuity – when appointing individuals, they may fall ill or retires, then a deeds needs to be created and the assets of the trust or estate transferred causing further problems and delays, whereas when appointing the SWW Trust Corporation changes in structure and the retirement and appointment of directors will not affect the administration of the estate or trusts.
• Availability – the SWW Trust Corporation does not take holidays or fall sick, so is always available.
• Professional – Trust Corporation signatories are senior members of the firm and deal with trusts and estates every day.
• Security – under the Trustee Act 2000 – the SWW Trust Corporation owes a higher duty of care to the beneficiaries than a lay trustee.