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'Distribution Day' in the context of a discretionary trust (set up in a will)

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  • 'Distribution Day' in the context of a discretionary trust (set up in a will)

    Hi,

    Has anyone encountered the term 'Distribution Day' in the context of a discretionary trust?

    I've been googling it with little useful results.

    In very brief background terms:

    Will establishes discretionary trust (with trustees, beneficiaries etc) upon death of 'A'. A died a decade ago.
    Will states 'Distribution Day' is 1 day after the death of 'B' (spouse of A). B died late last year.

    The will is (to my laymans eye) very difficult to understand, but seems to imply 'something' happens on 'Distribution Day' but is very vague as to what this something is.

    Any guidance on whether this is a normal legal term, with a particular meaning, would be greatly appreciated.
    Last edited by Trustquery; 23rd March 2021, 15:27:PM. Reason: Edit: spelling
    Tags: None

  • #2


    A discretionary trust, by definition leaves decisions regarding how and when and to whom the trust will be distributed to the trustees.
    The settlor normally leaves a letter of wishes advising the trustees of how, when and to whom.

    Never come across a situation where the settler's wishes are absolutely binding on trustees of a discretionary trust

    Perhaps it is some other type of trust or even a hybrid trust and the testator has stipulated when distribution can take place.
    There are myriad types of trust

    Difficult to guess when there are only minimal extracts from the relevant documents posted.

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