Setting up a Discretionary Trust
A Discretionary Trust is an ideal way to protect Assets for the future by ring fencing investments, property, business assets and other valuable items and providing benefits for loved ones and future generations.
The very word Discretionary gives the Trust flexibility to provide capital or income or both for potential beneficiaries and is run by appointed Trustees. These trustees should be a maximum of four and a minimum of two.
They are appointed to run the Trust provide the benefits from the terms of the Trust and these Trustees should also be guided by an expression of wishes that the Testator draws up and these should be taken into consideration when making decisions.
These help to guide the Trustees in making these appropriate decisions in line with the Testators wishes.
The Trustees are also responsible for the administration of the Trust and complete any relevant Tax returns. It is therefore important that Trustees can work well together in the interest of the beneficiaries.
The new residents Nil rate band allowance should be considered when looking to put a Discretionary Trust in place, because depending on individual circumstances the Trust may not be appropriate in certain situations.
Despite this if appropriate then the Trust can provide an ideal solution to a person wishing to have loved ones benefit with people charged with overseeing the way this is processed.
In more complex situations professional Trustees should be considered.
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