Discretionary Trust
A trust where trustees have full discretion over distributions to beneficiaries. Used for control, succession planning, and protecting assets across generations.
How It Works
The settlor transfers assets to trustees who manage them for a class of beneficiaries. Trustees decide who receives income and capital. No beneficiary has an automatic right. The trust can last up to 125 years. The settlor guides via a letter of wishes.
Tax Treatment
Trust income taxed at 45% (39.35% dividends). CGT at 20%. IHT entry charge of 20% above £325,000. 10-year periodic charges up to 6%. Distributions carry tax credits for lower-rate beneficiaries.
Tax Advantages
- Control over when and how beneficiaries receive wealth
- Asset protection from creditors, divorce, or bankruptcy
- Lower-rate beneficiaries can reclaim excess trust tax
- Flexible — beneficiaries can be added or removed
Who Is This Suitable For?
High-net-worth families wanting to control when and how wealth passes to beneficiaries. Protects assets from divorce, bankruptcy, or irresponsible spending.
Frequently Asked Questions
What is the 10-year charge?▾
Every 10 years, HMRC charges up to 6% of the trust value above the nil-rate band (£325,000). The exact rate depends on value and distributions made.
Who should be trustees?▾
Common choices: family members, solicitor, or professional trust company. Having at least one independent trustee is advisable.
Can the settlor benefit?▾
If the settlor can benefit (settlor-interested trust), all income and gains are taxed on the settlor, and assets remain in their estate for IHT.