Russell-Cooke Trust Company (RCTC)

Dealing with trusts and estates can be a daunting prospect. Our experts can help relieve you of that burden by acting as administrator, executor and trustee of estates and trusts.

Russell-Cooke Trust Company (RCTC) is an independent trust company wholly owned by the partners of Russell-Cooke LLP that can be appointed as an executor in a will or trustee of a trust. It can also be appointed as an independent administrator in the event that appointed executors or trustees are removed by the court or choose to stand down.

RCTC has a stellar reputation in this area, working with The Law Society, STEP Central London and expert solicitors and barristers. RCTC’s appointments have been ordered by the court and by consent.

The role of executor and trustee is not for everybody. In some cases, it is simply not appropriate for family members or friends to act. It’s also a significant responsibility with potential personal risk.

A trust company is neutral to family issues and dynamics, remaining 100% objective when making decisions that affect the estate or trust. Appointing an independent executor or trustee can be a powerful tool to ensure that wishes are respected.

Appointing a trust corporation rather than an individual also means that there will always be someone available to act and progress is not hampered by the availability of one named individual.

The reasons for wanting to use us can vary from family to family. Every case is unique. RCTC has a wealth of expertise acting as executor and trustee for individuals and their families in a wide range of scenarios.

Whether you have vulnerable family members, a complex multi-jurisdictional estate or family dynamics mean that an independent voice is a valuable one, we can help.

We take a consultative approach, quickly establishing family dynamics and prioritising efficiency and clear communication. We are alive to the challenges thrown up by the movement of assets or responsibilities between generations of families.

RCTC has been trusted by many, we have years of experience acting for families to help secure the future for the next generation. We understand that impartiality, sensitivity and pragmatism are key to achieving the best result for all.

RCTC can draw upon the contentious and non-contentious expertise of Russell-Cooke’s specialists across real estate, commercial litigation, trust and probate litigation, property litigation and charities.

No one trust or estate is the same but the following services are available:

●    Private client
●    Trust and estate disputes 
●    Corporate and commercial law
●    Employment law
●    Property law and conveyancing
●    Real estate, planning and construction
●    Property litigation 
●    Charity law and not for profit law

Recent notable work as independent administrators:

• Acting as independent administrator of an estate straddling England and Cyprus. Issues include the (disputed) domicile and residence of the deceased, the validity of a will and lifetime gifts and a failed inheritance tax savings scheme. It was also necessary to consider the interplay of Cypriot forced heirship and English law and the impact on succession. Applications for the blessing of various (contested) steps have been necessary.
• Acting as independent administrator of an estate appointed in a will, in circumstances where it transpired that a mutual will scenario arose such that it was conceivable that RCTC held the estate assets on trust according to the terms of the mutual will agreement as opposed to the terms of the later will. The terms of the mutual will agreement were themselves unclear as it could not be known exactly what was intended to be caught by the agreement. The matter settled between the beneficiaries and RCTC administers according to the agreement.
• Acting as independent administrator in circumstances where there is a dispute between the children of the deceased and their spouse as to shares in a farming partnership and an account for income from that business.
• Acting as independent administrator in an estate following criminal proceedings and a settlement of a claim under the Forfeiture Act 1982, drawing on experience in previous claims under the Forfeiture Act, where managing the relationship between the beneficiaries is central to ensuring the estate can be administered in an effective manner.
• Acting as independent administrator appointed by consent by existing executors and beneficiaries. Siblings disagreed about the extent of lifetime gifts and the requirement to account for funds paid from the deceased’s estate. RCTC was appointed administrator to progress the administration, pay the IHT and ultimately distribute the estate pending agreement between the parties.
• Acting as independent administrator where one executor refused to progress the administration. The court ordered the appointment of RCTC to administer the estate.
• Advising a very successful real estate entrepreneur in relation to succession planning, with an eye on minimising the risk of future litigation. Our client owns a number of corporate structures which are complex – these are both onshore and offshore - and wanted to ensure that no conflicts would arise in relation to the sale of the business and to maintain independence from minority shareholders. RCTC provided the client with the confidence of impartiality coupled with our wide ranging expertise to help with the sale of the business and ultimately managing the trust and sale proceeds.
• Working alongside our charity and social business team to set up a bespoke charitable trust for long-standing clients to help the clients’ transition wealth to their children, alongside a number of philanthropic interests.
• Acting as co-trustee alongside lay trustees, to provide objectivity as trustee in circumstances where the cotrustees are divorced parents. RCTC’s appointment was welcomed by the parents as providing continuity. Our expertise in mediation and experience of dealing with investment advisers and decision making within trusts has so far been central to the management of the trust.