Discretionary Trust Frequently Asked Questions
a question in Discretionary Trust
There are several requirements before a trust can operate, the first being the requirement for a Settlor. The Settlor is the person or entity that is responsible for setting up the trust including the process of handing over the settled sum to the Trustee on the terms stipulated within the deed for the benefit of the beneficiaries. The Settlors involvement in the trust is limited to the initial establishment and the payment of the settled sum.
In most circumstances, the Settlor is the accountant or lawyer creating the trust as they are usually well informed and can advise on the complex tax issues arising from the creation of a trust. If a financial professional is not available to fulfill this role, then anyone can elect themselves to do so provided they are not beneficially entitled under the Trust.
The summary displayed on this page is for information purposes only. Summary should be considered general in nature, and should not be a substitute for professional legal advice. You must always seek your own independent legal, financial and accounting advice about your unique situation.