The trustee of a discretionary trust may not need to wait until the end of the financial year for it to distribute the income or corpus of the...
Legal Tip 371: You are Not the Only Beneficiary of that Discretionary Trust! I often hear clients telling me that they are the only beneficiary...
Discretionary trusts are great, but where you want to sell part of an asset held in a discretionary trust there is no ability to bring in others,...
Originally this was an answer at Legal Tip 11: Other legal ownership structures There seems to be a general confusion out there about...
I am often asked what the tax rate for trusts is. It is generally nil as the trust, although a tax entity, will not retain any income on which it...
There is a legal principal that a person cannot be a beneficiary for themselves as the definition of a trust is the trustee holds property for...
Generally, discretionary beneficiaries under a trust have only one right, and that is the right to be considered when the trustee distributes...
It depends. Often the a ‘family trust’ is used to refer to a discretionary trust set up for a family group. In these situations, they are the...
A variation of Legal Tip 235 – Should Your Spouse’s New Spouse Be Excluded from a Trust you set up? Legal Tip 235: Should Your Spouse’s New...
I often see discretionary trust deeds which nominate the next appointor, upon the death of the current appointor, to be the Legal Personal...
What is the point, you might ask, in setting up a discretionary trust to hold investment assets when you have no family? A discretionary trust...
Legal Tip 167: What is a Settlor? The settlor is the person that contributes the initial property to a trust. Usually the settlor is the person...
Quick summary - a discretionary trust is a great way to hold shares. An ideal way to own shares would be via a discretionary trust. The main...
The Biggest Issue with Discretionary Trusts: Succession on Death In my view, the biggest issue with discretionary trust is succession. Trust...
Legal Tip: 4 Levels of Control with Discretionary Trusts Discretionary trusts have 3 or 4 levels of control: 1. The directors of the trustee...
How to Set Up a Bucket Company as Beneficiary of an Existing Discretionary Trust A bucket company is a company set up solely to receive income...
Appointors, Bankruptcy and Asset Protection When a person becomes bankrupt all of this ‘property’ vests in the trustee in bankruptcy. Property...
Where A provides money for a property purchased in the name of B it will be presumed that B holds the property in trust for A. This is known as a...
Question for Brokers: I have been advised by my accountant to set up a discretionary trust to purchase property in. The structure will be a...
Continuing my series of articles on structuring, this time we will focus on trusts. Trusts are complex legal structures which can be confusing for...
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