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ARTICLE · 26 APRIL 2019

Discretionary Trusts Prove Problematic When It Comes To Dividing Assets

Many Canadian families with a moderate degree of wealth create a family trust.

CanadaFamily and Matrimonial

Many Canadian families with a moderate degree of wealth create a family trust. A common type of trust names a parent or an adult child as a trustee, and names both adult and minor children as discretionary beneficiaries.

Family trusts can be created for several reasons, including to reduce taxes payable and to control the beneficiaries' use of funds and the timing of the distribution of trust assets.

The trustees of a discretionary trust are usually directed to distribute income and capital from the trust in their "absolute discretion." The discretion includes the ability to decide which of the beneficiaries will receive income or capital from the trust and when a beneficiary receives it. If the trust is discretionary, the trustees are not required to treat the beneficiaries equally.

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