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Discretionary Trust

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Discretionary trust
In the context of mutual funds, refers to a mutual fund or unit trust whose management decides on the best way to use the assets without restriction to a specific type of security.
In the context of trusts, refers to a personal trust in which a trustee has the power of decision as to how much income or principal each beneficiary receives.

Discretionary Trust
A trust in which a trustee is able to make decisions without the need to consult others. For example, a discretionary trust gives the trustee the right to make significant investment decisions without permission from or even consultation with the trustor or the beneficiary. However, the trustee has a fiduciary responsibility to manage the assets as well as possible; decisions made in a discretionary trust must be made in accordance with the prudent man principle.


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By leaving qualifying shares in the will to a discretionary trust no inheritance tax will be payable and if, following the owner's death, the company is sold the cash proceeds will be paid into the trust.
Trusts can be divided into any number of different kinds, but in many cases people divide them into two types; the fixed trust and the discretionary trust In a fixed trust, the beneficiaries and the amounts to be paid to them are decided in advance and specified by the testator as part of the text of the agreement Trusts can be divided into any number of different kinds, but in many cases people divide them into two types; the fixed trust and the discretionary trust.
And where investment companies are involved a husband and wife could, between them, transfer assets worth up to pounds 624,000 to a discretionary trust, free of inheritance tax provided their nil rate bands remain unused.
 
 
 
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