Citywealth Forum 2025 speaker spotlight: Sarah Bartram-Lora Reina

Date: 24 Jun 2025

Karen Jones

Sarah Bartram-Lora Reina, Trustee-Director in the Stonehage Fleming Family Office.

Fiduciary Foresight: Bartram-Lora Reina on Capacity Risks in Trusts

At the 2025 Citywealth Forum, Sarah Bartram-Lora Reina, Trustee-Director at Stonehage Fleming and President of the Jersey Association of Trust Companies (JATCo), joined a high-level panel examining one of the more sensitive and legally complex areas of trust administration: the question of what happens when a trustee or protector loses capacity.

In the session titled Panel 1: Trusts & Capacity Issues, held on 13 May 2025, Bartram-Lora Reina shared practical insights drawn from her leadership roles in both private fiduciary services and regulatory engagement.

The Capacity Question: A Legal and Human Challenge

Opening with a discussion on the Mental Capacity Act 2005, the panel explored the tension between the legal presumption of capacity and the practical reality trustees face when behavioural changes raise red flags. Bartram-Lora Reina emphasised the importance of close client engagement and professional intuition.

“You really need to know your families well,” she said. “In one case, we noticed a shift—emails weren’t making sense, there was unusual aggression—and after a call, the client told us he’d been diagnosed with a brain tumour. That only came to light because we had that level of relationship.”

Provisions, Protocols, and Practicalities

Bartram-Lora Reina stressed the importance of having clear incapacity provisions in trust deeds, especially around the appointment and removal of protectors. She also discussed the usefulness of establishing protector committees—with formal rules to avoid deadlock and provide structured oversight.

She agreed with the panel’s view” If you’re going to create a protector structure, you need to have clear rules. Otherwise, you risk paralysis at the very moment decisive action is needed.”

Litigation and Legal Defence

The potential for litigation was a recurring theme, particularly in cases where beneficiaries challenge the validity of trustee decisions made under questionable capacity. Bartram-Lora Reina highlighted a case where an elderly settlor requested a trust to be wound up—prompting concerns from trustees.

“We needed confirmation he understood the consequences, especially around tax and exchange controls. His lawyer confirmed it in writing. Sadly, he passed a few months later—but that documentation protected the trustees when the family questioned the decision.”

Instincts, Notes, and Data Responsibility

A key takeaway from Bartram-Lora Reina was the importance of maintaining accurate, GDPR-compliant records when capacity concerns arise.

“Trustees must trust their instincts. If something feels off—start documenting. File notes, call records—but be mindful of privacy laws. That detail can be critical later if decisions are challenged.”

She also stressed the value of collaborative thinking within trust companies:

“Talk to colleagues, especially in-house lawyers. And when necessary—get external legal advice. These are sensitive matters, and the courts may ultimately need to decide.”

AI, Technology, and Fiduciary Judgment

While momentarily touched on, the impact of AI in trust administration was not overlooked. Bartram-Lora Reina cautioned against over-reliance on digital tools, especially when dealing with subjective or sensitive human factors such as capacity.

“Tech is changing the landscape, but trustees must remain vigilant. AI can support administration—but human judgment is still the cornerstone when lives and families are involved.”

Key Takeaways from Sarah Bartram-Lora Reina:

• Know your clients: Watch for changes in communication, mood or decision-making that may indicate emerging capacity issues.
• Document carefully: Keep GDPR-compliant notes and records to defend trustee decisions if challenged later.
• Engage colleagues and legal counsel: Don’t act in isolation—build consensus internally, and seek legal input as issues become more serious.
• Structure protector roles: Use committees with agreed rules to prevent deadlock and ensure clarity of decision-making.
• Anticipate litigation: Assume decisions may be tested, and ensure trust deeds are robust enough to support action in difficult circumstances.

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