Discretionary Trusts

A Discretionary Trust (or Family Trust) is a trust where the beneficiaries and their entitlement to the trust assets are determined by the terms and condition of the trust deed and at the discretion of the Trustee rather than being based on a fixed entitlement.

Eligible Beneficiaries

The "eligible beneficiaries" for any specific discretionary trust are determined at the discretion of the parties to the trust and the definition should be drafted to include all persons or entities intended to be included. For your guidance our order form includes the standard clause which is included in our standard trust deed.


The Appointor is the person named in the Trust Deed who has the power to remove and appoint trustees. The Appointor also has the power to approve any distribution of income or capital of the Trust to the beneficiaries and appoint or remove beneficiaries of the trust. You may have more than one Appointer.


The Settlor is the person who creates the Trust by settling a sum of money on trust for the beneficiaries. Please consider whether you wish to arrange either an individual or a corporate settlor. The settlor should not be the trustee or an eligible beneficiary under the trust deed.

We can if you prefer, arrange our settlement company to act as settlor for the purpose of confidentiality. Please see our fees for this additional service.

What we provide

  • Trust Deed and fully completed documentation to establish the Trust
  • Beneficiary clause amended to suit your requirements
  • Full investment and trading powers given to trustee
  • Trust Deed approved and issue authorised by company solicitors
  • Permanent binder for Trust records
  • Delivered to your nominated address

Fill in our Order form to proceed with the formation of your Discretionary Trust.