Creating a Discretionary Trust
In line with our mission to provide an outstanding service in making you an astute, educated and informed investor capable of making your own investment decisions, our team of lawyers, accountants and financial advisers will walk you through every step of the creation of a discretionary trust.To create a discretionary trust a person needs four entities, a settler, a group of trustees, beneficiaries and, finally the trust itself.
A discretionary trust is generally used for the distribution of income or capital from the settlor’s donated funds to a beneficiary within the discretionary of the trustee as dictated by the trust documents. Until the trustees exercise that discretion, the beneficiaries do not have any interest or claim on the properties and assets within that trust.
As a result of the trust, the beneficiaries enjoy potential asset protection and tax minimisation, the settlor has the flexibility to tailor the distribution of capital and income to its principals and beneficiaries, and finally trustees and principals can easily exercise and terminate the trust because it has to go through less regulation than a corporation or a singe proprietor company.
When you create a discretionary trust you will find that it is best to appoint a company as a trustee because it is easier to affect changes in control. One such circumstance that is avoided is the appointing of a new trustee in lieu of death or disability. Since companies do not die, the owners of the trust do not need to incur extra charges to remove and add a new trustee.
Getting a discretionary trust to help distribute and manage funds for either an individual or even a multi person business. It can also provide potential asset protection since the trust is a separate entity from settler that established the funds inside the trust in the first place.There are countless ways a person can make use of the tax advantages that a discretionary trust provides. It is important to have a competent and knowledgeable expert guiding your way to maximize the potential of your trust.
Leigh Barker has worked extensively with discretionary trust in his 25 years in the business. He has seen first hand how a discretionary trust can help sort out funds, protect assets and minimise taxes. The use of a discretionary trust can also help streamline a business to free it from excessive regulation.
Finally, Leigh Barker’s discretionary trust division provides further assistance regarding other financial matters that can help make a seamless transition from the current financial structure to a discretionary trust.
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