Discretionary Trust - Purposes

Purposes

Discretionary trusts still serve a useful function, despite their original source of popularity (tax savings) having diminished in most countries. They still continue to be used for these reasons, among others:

  • to protect improvident beneficiaries against creditors - as the beneficiary has no claim to any specific part of the trust fund, none of the trust fund is vulnerable to attachment by the trustee in bankruptcy of any beneficiary
  • to exercise control over young or improvident beneficiaries
  • to create flexibility to react to changes in circumstances
  • in certain jurisdictions, a discretionary trust can be used to protect family assets from forming part of any divorce settlement.

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