discretionary trust

discretionary trust
An anomalous term from the standpoint of absolute discretion in the trustee, since unbridled discretion in a trustee negatives the necessary separation of legal and equitable ownership. Best defined as a trust in which a broad discretion is vested in the trustee to be exercised in carrying out purposes and objectives for the benefit of another, which are required by the terms of the trust. 54 Am J1st Trusts § 36. A trust which exists when, by the terms of the trust, no direction is given to the trustee as to the manner in which the trust funds are to be invested, until the time arrives at which they are to be appropriated in satisfaction of the trust. Deaderick v Canfrell, 18 Tenn 263. A trust designed to prevent alienation by lodging discretion in the trustee as to the payment of income and withholding from the beneficiary a vesting of the equitable right to compel the distribution. Re Bucklin's Estate, 243 Iowa 312, 51 NW2d 412, 34 ALR2d 1327.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • discretionary trust — see trust Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. discretionary trust …   Law dictionary

  • Discretionary trust — Wills, trusts and estates …   Wikipedia

  • 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. Bloomberg Financial Dictionary In the context of trusts, refers… …   Financial and business terms

  • discretionary trust — 1) A trust in which the shares of each beneficiary are not fixed by the settlor in the trust deed but may be varied at the discretion of some person or persons (often the trustees). In an exhaustive discretionary trust all the income arising in… …   Big dictionary of business and management

  • discretionary trust — 1) A trust in which the shares of each beneficiary are not fixed by the settlor in the trust deed but may be varied at the discretion of some person or persons (often the trustees). In an exhaustive discretionary trust all the income arising in… …   Accounting dictionary

  • discretionary trust — /dɪsˈkrɛʃənri trʌst/ (say dis kreshuhnree trust) noun Law a trust in which the trustees have absolute discretion as to the application of the trust capital and income (opposed to a fixed trust) …  

  • discretionary trust — noun a trust that gives the trustee discretion to pay the beneficiary as much of the trust income as the trustee believes appropriate • Hypernyms: ↑trust …   Useful english dictionary

  • non-discretionary trust — n.    a trust in which the trustee is directed to invest only in specifically named securities and to diversify the investments among certain types of securities. The trustee has no discretion or personal decision making power in the matter.… …   Law dictionary

  • Discretionary trusts and powers in English law — are elements of the English law of trusts, specifically of express trusts. Express trusts are trusts expressly declared by the settlor; normally this is intended, although there are situations where the settlor s intentions create a trust… …   Wikipedia

  • trust — n 1 a: a fiduciary relationship in which one party holds legal title to another s property for the benefit of a party who holds equitable title to the property b: an entity resulting from the establishment of such a relationship see also… …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”