Exercising Discretion – Beware of Absolute Powers
As the calendar year draws to yet another close, and each of us mentally checks off items on our year-end checklists, trustees of a discretionary family trust should take this time to determine whether to make a discretionary distribution of income or capital for the year ending. Often the terms of a trust will grant the trustees a discretionary power to pay out income or encroach on capital of the….
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