For clarification, if we were to draft a disabled persons trust, the trustees do not HAVE to distribute all income that arises? I.e - power to accumulate still exists…
I would say no, if using a Discretionary Trust, it would be for the purpose of the income not having to be paid out to the disabled beneficiary but so that the trustees could pay it elsewhere if needs be.
My understanding is that a DT is always beneficial unless the amount going in is over IHT threshold, would you agree?
Thank you for your help.
Kirsty Poston
Rolwinsons