Examples of Discretionary Trusts in a sentence
Halbach, Jr., Problems of Discretion in Discretionary Trusts, 61 COLUM.
SHAPO, GEORGE GLEASON BOGERT, & GEORGE TAYLOR BOGERT, BOGERT: THE LAW OF TRUSTS AND TRUSTEES § 228 (2016); Alan Newman, Spendthrift and Discretionary Trusts: Alive and Well Under the Uniform Trust Code, 40 REAL PROP.
Discretionary Trusts It is generally accepted that the situation is different in the case of a Discretionary Trust.
Discretionary Trusts Recall that: discretionary trust = S trusts to T, with discretion to appoint to B (e.g. protective or ‘spendthrift’ trust, where S wishes to settle for B without allowing B the power to vary the trust).
Halbach Jr., Problems of Discretion in Discretionary Trusts, 61 COLUM.
Those receiving Discretionary Trusts and Power of Attorney Services are not impacted.
Among the provisions of the Uniform Trust Code (―UTC‖ or the ―Code‖) that have attracted the most attention1 are those of Article 5: Creditor‘s Claims; Spendthrift and Discretionary Trusts.
Reciprocal Discretionary Trusts created by spouses or civil partners You should be aware that if spouses/civil partners each effect reciprocal Discretionary Loan Trusts, HMRC could view the arrangements as ineffective for IHT purposes if deemed an ‘associated operation’ creating ‘gifts with reservation of benefit’.
Halbach, Jr.,Problems of Discretion in Discretionary Trusts, 61 COLUM.
Except in those cases where the law of the home jurisdiction imposing the tax effectively dictated otherwise, the trust usually took a discretionary form (see Discretionary Trusts above).