Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

How does one go about setting up a discretionary trust?

The trust would be held for a disabled adult. If it was put in their name they would have to pay for their own care and would derive no benefit from the funds.

Update:

Thanks Platinum, that's really helpful.

3 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    It depends on what assets your are planning on putting in trust. If you are investing money, for example, investment companies will have their own discretionary trusts that you will be able to use for free. For anything else, as Platinum has said, you'll need to speak with a solicitor to draw one up. Contrary to the other comment, it needn't be expensive to draw up a trust.

    You may have to be careful with entitlement to means-tested state benefits though. You may have an issue with so-called 'deprivation of assets' i.e. deliberately reducing one's assets in order to become eligible for some means-tested benefits - which isn't allowed. A good solicitor or even Independent Financial Advisor will guide you through the issues.

  • 1 decade ago

    You would need to speak to a solicitor, who can make the relevant legal arrangements and also advise on tax benefits.

    For a list of solicitors in your area, contact the Law Society for the relevant part of the UK - either contact@lawsociety.org.uk for England or Wales, lawscot@lawscot.org.uk for Scotland, or info@lawsoc-ni.org for Northern Ireland.

  • 1 decade ago

    Until the amounts of money involved (eg the value of property put into trust) reaches multi-100 thousands, the costs are likley to exceed any Tax benefits ..

Still have questions? Get your answers by asking now.