A trustee is a person or entity designated by a person who creates a trust (grantor, settlor, or trustor) to manage and administer the trust for the benefit of the named beneficiary or beneficiaries. The trustee of a trust created for estate planning purposes is often the grantor, settlor, or trustor who created and funded the trust.

A trust agreement may designate one or more successor trustees who will become the trustee if the previous trustee dies, is unable to continue to serve as trustee, resigns as trustee, or is removed by court order following a lawsuit filed by the beneficiary or beneficiaries of the trust.

A trustee has a fiduciary duty to the beneficiary or beneficiaries of the trust. A fiduciary duty includes the highest duty of care (performance of duties under the terms of the trust agreement) and of loyalty (avoiding conflicts of interest) recognized in law.

In South Carolina, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor and the state's trust laws. The trustee's role includes the prudent management of trust assets, ensuring that the trust's purposes are fulfilled, and acting in the best interests of the beneficiaries. South Carolina's trust laws are codified in the South Carolina Trust Code, which outlines the duties, powers, and standards of care for trustees. The trustee's fiduciary duty is a legal obligation to act with the highest level of care and loyalty, which means managing the trust assets responsibly and avoiding conflicts of interest. If a trustee fails to fulfill these duties, beneficiaries may seek legal recourse, which can include the trustee's removal and potential legal liability for breaches of fiduciary duty. Successor trustees, as designated in the trust agreement, will step in under the circumstances described, such as the death or incapacity of the current trustee. It is important for trustees and beneficiaries to understand these roles and responsibilities to ensure the proper administration of the trust.