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What is the major disadvantage of a trust?

The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.

What is the difference between a family trust and a discretionary trust?

Family trusts, as generally understood, are discretionary trusts that hold a familys assets or run a family business. Usually, one or more family members will manage the trust assets for the benefit of their family as a whole.

What are the downsides of a discretionary trust?

Beneficiaries left out may feel aggrieved. Loss of control. The trustees can ignore the settlors wishes. Trusts can be costly to set up and run. As with all trusts a discretionary trust needs to be properly administered.

Who owns the assets in a discretionary trust?

Trustees. The trustees are the legal owners of the assets held in a trust. Their role is to: deal with the assets ing to the settlors wishes, as set out in the trust deed or their will.

What is a discretionary trust deed?

A deed used to create a discretionary trust. A discretionary trust is a flexible trust structure in which none of the beneficiaries has the right to the capital or income of the trust. It is often used to benefit the settlors family for a family trust structure.

Who signs a discretionary trust deed?

In the case of a discretionary trust, the parties that must sign the trust deed are the trustee, settlor, and, if applicable, the appointor.

What happens to money in a discretionary trust?

A discretionary trust gives trustees the power to decide how much beneficiaries get from a trust and when they get it. All capital and income is distributed completely at their discretion. This means theres more flexibility and assets can be protected if circumstances change for any reason.

What is the purpose of a discretionary trust?

A discretionary trust enables flexibility for income distribution among a defined class of beneficiaries, commonly structured around a family.

What is the difference between a trust and a discretionary trust?

They are different to discretionary trusts as, in discretionary trusts, the beneficiaries have no absolute rights to the trust assets, whereas in bare trusts, beneficiaries have absolute rights to the trust assets and the trustee must act in ance with their instructions.

What is the difference between a trust and a discretionary trust?

They are different to discretionary trusts as, in discretionary trusts, the beneficiaries have no absolute rights to the trust assets, whereas in bare trusts, beneficiaries have absolute rights to the trust assets and the trustee must act in ance with their instructions.

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