Precision English for Trustee Communications: Best Phrases to Explain Distribution Standards (HEMS) Without Giving Advice

1) Anchor and Define HEMS in Client-Friendly Terms

When trustees speak with beneficiaries about distributions, the first priority is to set a clear, neutral foundation. One practical anchor is the HEMS framework. HEMS stands for Health, Education, Maintenance, and Support. It is a commonly used standard that guides trustees in deciding whether a payment from the trust is appropriate. Importantly, HEMS is a way to structure decision-making; it is not a promise of payment and not a statement that a beneficiary is entitled to funds. The trustee weighs requests within these four categories, alongside the trust deed and any letter of wishes.

In client-friendly terms, you can describe HEMS as a purpose-based filter. Instead of approaching a request through the lens of “Can I have this money?”, the conversation becomes “Does this request fit within health, education, maintenance, or support as allowed by the trust?” This shift keeps communication focused on the trust’s objectives and away from personal opinions or financial advice. It also helps prevent misunderstandings about guaranteed outcomes. Trustees retain discretion; even if a request fits a HEMS category, the trustee may consider timing, proportionality, the needs of other beneficiaries, and the long-term sustainability of the trust.

To maintain clarity, explain each pillar plainly:

• Health relates to medical, dental, mental health, and wellness needs necessary for a beneficiary’s well-being.
• Education focuses on tuition, vocational training, and other reasonable learning costs that develop the beneficiary’s skills over time.
• Maintenance refers to ordinary living expenses that preserve a beneficiary’s standard of living as contemplated by the trust, such as housing costs, utilities, and basic necessities.
• Support covers additional assistance that promotes stability and functionality, for example transportation to work, modest childcare support, or tools needed to maintain independence.

The key is balance: a request is not automatically approved because it appears to fit a label, and it is not automatically declined because it does not match a beneficiary’s preference. Trustees apply judgment, grounded in the trust’s terms, the settlor’s intent (often reflected in a letter of wishes), and the practical circumstances of the trust and all its beneficiaries. Your language should make this decision process transparent without drifting into advice or predictions.

2) What HEMS Covers vs. What It Does Not, Including UK/US Notes

A strong explanation distinguishes the scope of HEMS from its limits. HEMS covers expenditures that reasonably connect to a beneficiary’s welfare and stability. To keep this clear, emphasize purpose and reasonableness. The standard is not a list of brand names or luxuries; it is a purpose test guided by the trust’s objectives. If a request protects health, enables education, maintains ordinary living, or reasonably supports function, it may fall within the HEMS framework. But even then, the trustee must decide whether to distribute, when to distribute, and in what amount.

Equally important is what HEMS does not do. HEMS does not create a guaranteed income or an automatic entitlement to fund every lifestyle preference. It does not authorize distributions that contradict the trust deed, conflict with legal duties, or compromise the interests of other beneficiaries. It does not require the trustee to equalize outcomes among beneficiaries or to match the most ambitious request. And it does not replace the trustee’s obligation to exercise independent judgment.

Regarding jurisdictional nuance: HEMS is a US-origin standard, widely seen in US trust drafting and case law. However, trustees operating in the UK within discretionary trust structures often apply similar principles based on welfare or needs, guided by the trust instrument and equitable duties. In practice, the communication approach can be similar, so long as your language remains jurisdiction-agnostic unless a specific legal jurisdiction is explicitly in scope. That means avoiding legal citations, tax references, or regulatory characterizations unless you are responding to a direct, appropriate query and have the remit to do so. Keep the explanation focused on how decisions are made, not on interpreting statutes or comparing legal systems.

The neutrality principle applies across borders. Whether you are referencing HEMS by name (as is typical in US contexts) or describing a similar needs-based framework in a UK discretionary trust, your tone should remain informational and balanced. Clarify that requests are evaluated against the trust’s purposes and terms, that documentation may be required to understand the request, and that the trustee’s duty includes considering the trust’s overall sustainability and fairness across the beneficiary class.

3) Compliant Best Phrases for Typical Scenarios

To keep communications precise and non-advisory, trustees benefit from a set of reusable phrases. These phrases provide structure while preserving neutrality. They help you explain the definition, scope, examples, boundaries, process, and refusal/deferral positions without drifting into advice or promises. Below are phrasing patterns you can adapt to your voice while maintaining compliance safeguards.

Definition and scope:

• “The trust uses a Health, Education, Maintenance, and Support framework to guide distribution decisions. This framework helps us evaluate requests in line with the trust’s purposes.”
• “A request may be considered if it reasonably relates to health, education, maintenance of ordinary living, or supportive needs. Consideration does not guarantee approval.”
• “Our role is to assess whether a request aligns with the trust’s terms and the settlor’s intentions, taking into account all beneficiaries and the long-term sustainability of the trust.”

Neutral explanation of examples:

• “Health may include necessary medical, dental, or mental health expenses. Education may include tuition, course fees, or materials for approved learning.”
• “Maintenance can involve ordinary housing expenses and essential utilities. Support may include modest assistance that promotes stability, such as transportation to work.”
• “We look at documentation that helps us understand the purpose, amount, and timing of the request, and how it relates to these categories.”

Boundaries and guardrails:

• “The framework does not create an automatic entitlement, and we must exercise discretion case by case.”
• “We do not provide legal, tax, or financial advice. For recommendations about your personal situation, please consult your own advisor.”
• “We avoid making suitability statements. Our assessment focuses on whether the request aligns with the trust’s permitted purposes.”

Process and information requests:

• “To evaluate this request, we may need supporting documents such as invoices, enrollment confirmations, or treatment plans that clarify the purpose and amount.”
• “We consider the request in the context of the trust deed, any letter of wishes, and the interests of all beneficiaries.”
• “We will confirm receipt of your materials and outline next steps and timing for our decision.”

Refusal or deferral language:

• “After reviewing the information, we are not able to approve this request as presented because it does not fit within the permitted purposes of the trust.”
• “At this time, we are deferring a decision. Additional documentation would help us assess how the request aligns with health, education, maintenance, or support.”
• “We understand the importance of your request. However, based on the trust’s terms and our duty to all beneficiaries, we cannot approve this expenditure.”

Maintaining neutrality in forward-looking statements:

• “Approval of any future request will depend on the information provided at that time, the trust’s terms, and our assessment of the overall circumstances.”
• “We cannot confirm future distributions in advance. Each request is reviewed on its own merits.”

Documenting neutrality:

• “For clarity, this communication is for information only and should not be taken as legal, tax, or financial advice.”
• “Our decision reflects our application of the trust’s terms and purposes, rather than a judgment on your personal choices.”

These phrases keep communications focused on the trust’s objectives and the trustee’s duties. They establish consistent expectations and reduce the risk of beneficiaries misinterpreting explanations as promises or advice.

4) Practice and Application with Micro-Drills and a Mini Role-Play Script

Putting the language into practice helps trustees maintain composure and clarity in real conversations. The aim is to build reliable muscle memory around neutral phrasing, purposeful explanations, and respectful boundary-setting.

Micro-drills: Focus on three capabilities—anchoring, boundaries, and process.

Anchoring statements:

• Practice opening each discussion with a brief explanation of HEMS. For example: “To help us evaluate requests, we use a Health, Education, Maintenance, and Support framework. It guides how we consider payments.” Repeat until the phrasing sounds natural. The goal is to orient the conversation toward purposes rather than preferences.

Boundary statements:

• Rehearse how to decline giving advice. For instance: “I can explain how the trust approaches requests, but I can’t recommend a course of action for your personal situation.” This builds confidence in staying informational and demarcates the trustee’s role clearly.

Process statements:

• Drill the explanation of steps and documentation. Example: “To proceed, we’ll need the invoice, the expected timing, and a short note connecting the expense to health, education, maintenance, or support.” The practice helps you deliver logistical requests succinctly and kindly.

Mini role-play structure for internal training:

• Start with a brief request scenario. Your opening line anchors the framework: “Thank you for reaching out. We review requests under the Health, Education, Maintenance, and Support framework.”
• Ask neutral fact-finding questions that connect to HEMS categories: “Can you share the purpose of the expense and any documents that show how it supports health, education, maintenance, or support?”
• Restate the guardrails: “We’ll review in line with the trust’s terms and our duties to all beneficiaries. We don’t provide tax or financial advice.”
• Set expectations on timing: “Once we receive the documents, we’ll confirm within [timeframe] and share next steps.”
• Close with a neutral summary: “Your request will be evaluated case by case under the trust’s framework. Approval is not guaranteed, and we’ll communicate our decision once the review is complete.”

Why this practice matters: When trustees are comfortable with these phrases, they can handle requests consistently—even when conversations are emotional or urgent. Consistency protects relationships and supports compliance. Beneficiaries hear clear, plain English explanations that make the decision-making framework visible and understandable. Trustees avoid drifting into counseling, promising, or predicting, all of which create risks.

Finally, remember role clarity. A trustee’s mandate is to apply the trust’s terms with prudence and fairness. HEMS is a helpful framework within that mandate. It channelizes conversation into clear categories, encourages appropriate documentation, and aligns expectations with the trust’s purposes. Used well, HEMS strengthens trust in the process by showing beneficiaries how decisions are made, while preserving discretion and neutrality. The outcome is communication that is respectful, transparent, and compliant—communication that explains the standard without giving advice, and that sets a stable, practical tone for every future interaction.