AI and trusteeship: operational assistance or something more?

Abstract In light of the ‘AI as a fiduciary’ hypothesis, this article refutes the possibility of AI assuming the role of trustee by highlighting the doctrinal limits that constrain its operation in the trust context, particularly those arising from trustee-specific and fiduciary duties. At the same time, it advances a normative argument that AI should be confined to a role of operational responsibility only, given the central importance of trustee discretion and judgment. At its core, this piece is concerned with trustee decision-making and offers practical guidance for the safe and responsible use of AI in trust administration.

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Publication Details

Journal
Trusts & Trustees
Published
2025-09-23
DOI
https://doi.org/10.1093/tandt/ttaf077
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

AI and trusteeship: operational assistance or something more?

Lloyd Brown
Trusts & Trustees
Corporate Insolvency and Governance
article

AI and trusteeship: operational assistance or something more?

Lloyd Brown
article en

Abstract

Abstract In light of the ‘AI as a fiduciary’ hypothesis, this article refutes the possibility of AI assuming the role of trustee by highlighting the doctrinal limits that constrain its operation in the trust context, particularly those arising from trustee-specific and fiduciary duties. At the same time, it advances a normative argument that AI should be confined to a role of operational responsibility only, given the central importance of trustee discretion and judgment. At its core, this piece is concerned with trustee decision-making and offers practical guidance for the safe and responsible use of AI in trust administration.

Trusts & TrusteesVol. 32(1)
Singleton Hospital (GB)
Openalex Percentile: Top 56%
Corporate Insolvency and Governance
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