A discretionary trust in Canadian and English trusts law 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 the settlor. It is sometimes referred to as a family trust in Australia. Where the discretionary trust is a testamentary trust, it is common for the settlor to leave a letter of wishes for the trustees to guide them as to the settlor's wishes in the exercise of their discretion. Letters of wishes are not legally binding documents.
Discretionary trusts can only arise as express trusts. It is not possible for a constructive trust or a resulting trust to arise as a discretionary trust.
Read more about Discretionary Trust: Forms, Analysis, Duties, Purposes, Popularity and Decline
Famous quotes containing the word trust:
“I cannot trust myself to put in words what I feel at this time. Every kind thought that is in your minds and every good wish that is in your hearts for me finds its responsive wish and thought in my mind and heart for each of you. I love this city. It has been my own cherished home. Twice before I have left it to discharge public duties and returned to it with gladness, as I hope to do again.”
—Benjamin Harrison (1833–1901)