ESG & Trusts - Navigating Fiduciary Duties, Family Expectations & Responsible Investment

Introduction

High-net-worth individuals and families are increasingly looking beyond traditional returns, seeking ways to align their wealth with their values and long-term legacy goals.

This shift is driving greater focus on responsible and ESG investing, where capital is directed toward positive environmental and social outcomes. However, when wealth is held in family trusts, trustees face complex questions about how far they can (or should) incorporate these considerations while still meeting strict fiduciary obligations. Expectations from settlors and beneficiaries are also evolving rapidly, adding further pressure and uncertainty.

This short webinar explores how trustees and advisers can navigate this challenging landscape with confidence. It examines key issues including fiduciary duties in an ESG context, recent case law developments, emerging legislative reforms across major offshore jurisdictions, trust drafting considerations and alternative structuring options. Attendees will gain practical insights to help balance compliance, risk management and the growing demand for values-based investing.

Register today to equip yourself with practical guidance and up-to-date expertise, essential for private client practitioners, trustees, wealth advisers, and settlors working within this evolving area of trust and ESG investing.

What You Will Learn

The webinar will cover the following:

• The core fiduciary duties of trustees when making investment decisions and exercising powers in the best interests of beneficiaries as a whole
• The practical difficulties trustees face when balancing strict fiduciary obligations with increasing pressure from settlors and beneficiaries to adopt ESG-aligned investment strategies
• Key case law developments, including Butler-Sloss v Charity Commission and the Jersey May Trust decision and their practical implications for trustees of private family trusts
• Why ESG considerations are increasingly compatible with and often supportive of, modern best practice in trusteeship
• Jurisdiction-specific developments offering new options for ESG-aligned structuring, including ESG-focused legislative reforms, non-charitable purpose trusts, STAR trusts, VISTA trusts and foundations
• Alternative drafting techniques for new and existing trust deeds, including express ESG investment powers, positive and negative investment provisions, exoneration and limitation of liability clauses and reserved powers structures
• The role of letters of wishes, family constitutions and family councils in articulating and embedding a family’s ESG values across generations
• Key practical risks for trustees, including the evaluation of ESG investments, potential liability for investment performance and the risk of beneficiary challenge

This pre-recorded webinar will be available to view from Thursday 4th February 2027

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.