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ARTICLE · 26 JUNE 2020

When Is A Trust Not A Trust?

Withers LLP
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For a while it was fashionable, especially in some offshore jurisdictions, to create trusts with no primary beneficiaries.

United KingdomCorporate/Commercial Law

For a while it was fashionable, especially in some offshore jurisdictions, to create trusts with no primary beneficiaries. Instead the Settlor would name a default beneficiary and give the trustees a power to add primary beneficiaries at a later date (meaning greater control for the Settlor under the guise of greater flexibility).

The default beneficiary, usually a charity (and so often the Red Cross that this type of trust is colloquially known as a ‘Red Cross' Trust) was rarely intended to receive significant if any benefit, but was crucial to the operation of the trust. That is because a trust is only a trust where there is a beneficiary (even if only a default beneficiary) on the principle that there must be someone able to hold the trustees to account.

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