A discretionary trust is a trust where the beneficiaries and/or their entitlements to the trust fund are not fixed, but are determined by the criteria set out in the trust instrument by trustor. Discretionary trusts can be discretionary in two respects. First, the trustees usually have the power to determine which beneficiaries (from within the class) will receive payments from the trust. Second, trustees can select the amount of trust property that the beneficiary receives. Although most discretionary trusts allow both types of discretion, either can be allowed on its own. It is permissible in most legal systems for a trust to have a fixed number of beneficiaries and for the trustees to have discretion as to how much each beneficiary receives.
West Virginia Discretionary Distribution Trust for the Benefit of Trustor's Children with Discretionary Powers over Accumulation and Distribution of Principal and Income Separate Trust for each Beneficiary
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FAQ
A discretionary trust gives trustees the power to decide how much beneficiaries get from a trust and when they get it. All capital and income is distributed completely at their discretion. This means there's more flexibility and assets can be protected if circumstances change for any reason.
Taxation of beneficiaryA beneficiary will receive income from a discretionary trust as trust income (classed as non-savings income) with a 45% tax credit (shown on the form R185). They can reclaim all or part of this depending on their own tax position.
Fortunately, California law protects beneficiaries by requiring trustees to communicate throughout the trust administration process and act in the best interests of beneficiaries.
Disadvantages of a Discretionary TrustComplexity in establishing and maintaining a trust structure.Only profits (not losses) are distributed.Vesting date: in NSW, trusts generally end after no more than 80 years; extending this date requires foresight in drafting the trust, otherwise, you may face costly court action.More items...?
It is the generally accepted view that an object of a discretionary trust does not have a proprietary interest in the property of the trust they only have the right to compel the due administration of the trust estate and the right to be considered by the trustee. This is often described as a mere expectancy.
When you set up a Discretionary Trust, you identify a class of beneficiaries such as children and/or grandchildren who can receive capital and/or income from the trust at the discretion of the Trustees. No one beneficiary has an absolute entitlement to either income or capital.
The most important rights of estate beneficiaries include: The right to receive the assets that were left to them in a timely manner. The right to receive information about estate administration (e.g., estate accountings) The right to request to suspend or remove an executor or administrator.
When executing their trust, settlors generally name themselves as the sole trustee and beneficiary while they are living; this allows them to exercise full control over the trust and its assets during their lifetime, as well as to withdraw trust funds as they see fit.
Beneficiaries are entitled to see legal advice provided it is paid for by the trust fund. beneficiaries may not see legal advice relating to trustees' disputes with beneficiaries; and. if trustees have a controlling shareholding in a company then company documents may be subject to disclosure.