Children’s Trusts

A Children’s Trust is a type of Discretionary Trust, which is a common trust that provides flexibility, by granting the Trustees the discretion on how to use the Trust Fund for the benefit of the beneficiary.

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Children’s Discretionary Trusts

This is often favourable with people who wish to consider the needs of a loved one when securing their future. For example, children and people who are not able to make their own decisions through injury or illness.

Safeguard assets

The purpose of such Trusts is to safeguard assets where the beneficiary is not able to enjoy the benefit of the asset straight away. Generally, this is due to the beneficiary being a child or someone who has a mental health condition, which prevents them from having control over their own finances and decision making. The Trust is made by the settlor (the creator of the Trust), who will grant a discretionary power to the Trustee/s of the Trust to release the Trust Funds at the Trustees discretion. The beneficiary has no powers. Often the Settlor will be a parent or close family member and may also want to be the Trustee to enforce the safeguarding of the asset and ensure the Trust Fund benefits the beneficiary as intended.

Children’s Discretionary Trust

In a Children’s Trust money is looked after by the Trustees for the benefit of children once they reach a certain age. However, it is up to these Trustees to decide, whether money can be released at an earlier date than the Trust specified, such as educational use, driving lessens or for the deposit on a property. The Trust Fund will, during the Trust period, be accumulating interest and as such, it is often the trust income that is used for the purpose of specific uses.

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