Personal

A personal trust is one where the beneficiaries do not pay for their interest in the trust

  • ie. they receive their interest in the trust's assets as a gift

Discretionary Trust

A trust in which the distributions of assets will be left to the discretion of the trustee.

It is possible for a trust to be both discretionary and non-discretionary. This is due to the fact that distributions can be made from trust income or capital.

  • ex. the distribution of trust income (e.g. dividend income) could be left to the discretion of the trustee, while ensuring that capital allocations are still adhered to the wishes as set out by the settlor.

2 Types of Personal Trust

Testamentary Trust

a trust which arises upon the death of the testator

  • specified in the will.

Living trust

  • a.k.a inter-vivos trust A trust created by a settlor while he or she is still alive purpose is to transfer the benefit of owning assets to certain individuals, such as children, without actually passing control of the assets to them.

These trusts are particularly useful in accomplishing family tax and financial objectives.


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