Grantor vs. Trustee — What's the Difference?
Edited by Tayyaba Rehman — By Fiza Rafique — Updated on September 20, 2023
A grantor establishes and funds a trust, while a trustee manages and administers the trust's assets on behalf of beneficiaries.
Difference Between Grantor and Trustee
Table of Contents
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Key Differences
Grantors and trustees play pivotal roles in the world of trusts, with each having distinct responsibilities. A grantor, sometimes referred to as a settlor or trustor, is the individual or entity who creates and funds the trust. Conversely, a trustee is appointed to oversee, manage, and distribute the trust's assets.
While the grantor initiates the trust, setting its terms and conditions, it is the trustee's duty to ensure those terms are adhered to. The grantor's involvement typically diminishes once the trust is established, but the trustee remains active throughout the trust's existence.
Grantors have the liberty to dictate the terms of the trust, outlining how assets should be managed and distributed. Trustees, on the other hand, are bound by fiduciary duties to act in the best interest of the trust's beneficiaries, adhering to the grantor's stipulated terms.
Often, grantors can also serve as trustees, especially in revocable trusts. In these cases, the grantor retains control over the trust's assets. However, when separate individuals or entities are appointed as trustees, they assume the responsibilities independent of the grantor.
In essence, the relationship between a grantor and trustee is one of trust and responsibility. The grantor entrusts the trustee with their assets and vision, while the trustee undertakes the role with a commitment to uphold the trust's objectives and beneficiaries' welfare.
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Comparison Chart
Role in Trust
Establishes and funds the trust
Manages and administers the trust's assets
Responsibilities
Outlines trust terms; provides assets
Upholds trust terms; manages and distributes assets
Continued Involvement
Typically diminishes post-establishment
Active throughout trust's existence
Fiduciary Duties
None (sets the trust's terms)
Bound to act in beneficiaries' best interests
Possible Overlap
Can also act as a trustee in certain trusts
Can be a separate entity or the same as the grantor
Compare with Definitions
Grantor
Can dictate the terms and conditions of a trust.
The grantor specified that funds be released when the beneficiary turns 25.
Trustee
The individual or entity responsible for managing a trust's assets.
The trustee ensured the assets were invested wisely.
Grantor
The person responsible for transferring assets into a trust.
Assets from the grantor's estate were moved into the trust.
Trustee
Can be a person, bank, or professional trust company.
The family appointed a bank as the trustee to ensure professional management.
Grantor
Sometimes referred to as a settlor or trustor.
The grantor, also known as the settlor, outlined specific terms for the trust.
Trustee
Ensures assets are distributed according to the trust's stipulations.
Upon the beneficiary's 30th birthday, the trustee released the funds as instructed.
Grantor
The individual or entity who establishes a trust.
The grantor decided to set up a trust for his children's education.
Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any person who holds property, authority, or a position of trust or responsibility to transfer the title of ownership to the person named as the new owner, in a trust instrument, called a beneficiary. A trustee can also refer to a person who is allowed to do certain tasks but not able to gain income, although that is untrue.
Grantor
Might retain control if they also act as the trustee.
In this revocable trust, the grantor chose to be the trustee, maintaining control over assets.
Trustee
(Law) The person in a trust relationship who holds title to property for the benefit of another.
Grantor
One that makes a grant.
Trustee
A member of a board elected or appointed to direct the funds and policy of an institution.
Grantor
(legal) A person who grants something.
Trustee
A country responsible for supervising a trust territory. See Usage Note at -ee1.
Grantor
The person by whom a grant or conveyance is made.
Trustee
To place (property) in the care of a trustee.
Grantor
A person who makes a grant in legal form;
Conveyed from grantor to grantee
Trustee
To function or serve as a trustee.
Trustee
A person to whom property is legally committed in trust, to be applied either for the benefit of specified individuals, or for public uses; one who is intrusted with property for the benefit of another.
Trustee
A person in whose hands the effects of another are attached in a trustee process.
Trustee
(transitive) To commit (property) to the care of a trustee.
To trustee an estate
Trustee
(transitive) To attach (a debtor's wages, credits, or property in the hands of a third person) in the interest of the creditor.
Trustee
A person to whom property is legally committed in trust, to be applied either for the benefit of specified individuals, or for public uses; one who is intrusted with property for the benefit of another; also, a person in whose hands the effects of another are attached in a trustee process.
Trustee
To commit (property) to the care of a trustee; as, to trustee an estate.
Trustee
To attach (a debtor's wages, credits, or property in the hands of a third person) in the interest of the creditor.
Trustee
A person (or institution) to whom legal title to property is entrusted to use for another's benefit
Trustee
Members of a governing board
Trustee
Appointed to uphold the terms set by the grantor.
Following the grantor's wishes, the trustee distributed funds for college tuition.
Trustee
Holds a fiduciary duty to act in the beneficiaries' best interests.
The trustee faced a decision, always considering the beneficiaries' needs foremost.
Common Curiosities
Is the trustee bound by any specific duties?
Yes, the trustee has fiduciary duties to act in the best interest of the beneficiaries.
Who sets the terms of a trust?
The grantor outlines the terms and conditions of the trust.
Who establishes a trust?
The grantor establishes and funds a trust.
Can a grantor also act as a trustee?
Yes, especially in revocable trusts, a grantor can also be the trustee.
What happens if a trustee doesn't uphold their fiduciary duties?
A trustee can face legal consequences for breaching their fiduciary duties.
Does a grantor receive any income from the trust?
This depends on the trust's terms. In some trusts, the grantor might receive income.
What is the primary responsibility of a trustee?
The trustee is responsible for managing and administering the trust's assets in line with its terms.
When does a grantor's involvement with a trust typically end?
The grantor's active involvement often diminishes once the trust is established, though it can vary based on the trust type.
How does a trustee ensure they're acting in the best interest of beneficiaries?
The trustee must always prioritize the beneficiaries' welfare and adhere to the trust's terms.
Are there professional trustees available?
Yes, banks and professional trust companies often serve as trustees.
Who provides the assets for a trust?
The grantor transfers or provides assets to fund the trust.
How is a trustee chosen?
The grantor typically appoints the trustee when establishing the trust.
What's another term for a grantor?
Another term for a grantor is "settlor" or "trustor."
Can the terms set by the grantor be changed?
In irrevocable trusts, the terms are generally fixed. In revocable trusts, the grantor can change terms as long as they're alive and competent.
Can there be multiple trustees for a trust?
Yes, a trust can have co-trustees who share the responsibility of managing and administering the trust's assets.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.