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ARTICLE · 18 MAY 2018

Discretionary Family Trusts - The Basics

Discretionary family trusts can sometimes trigger thoughts of trust fund babies, insane amounts of funds held offshore, or shielding trust assets from creditors or the taxman, all of which are available...

CanadaCorporate/Commercial Law

Discretionary family trusts can sometimes trigger thoughts of trust fund babies, insane amounts of funds held offshore, or shielding trust assets from creditors or the taxman, all of which are available to the ultra rich. However, family trusts are becoming very common and the norm for many families, even those without yachts! All kidding aside, a family trust is a standard estate and tax planning tool for every family. So, I thought it would be worthwhile to go through the "ABCs" of a discretionary family trust, as well as some of the tax-planning tips and traps to be aware of when forming a family trust.

Beneficiaries – who are they?

A typical family trust is drafted as a discretionary trust for the benefit of a class of beneficiaries. Beneficiaries could include yourself, your spouse and your issue (children, grandchildren, great-grandchildren etc.), and in fact, can include as many family or friends that you would like (subject of course to certain tax issues

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