Discretionary trust estate



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A discretionary trust estate is a trust estate for which:

  • Both of the following conditions are satisfied:
    • a person - including the trustee - has a power of appointment or other discretion and
    • the exercise of, or the failure to exercise, the power or discretion has the effect of determining, to any extent, either or both of the following:
      • the persons who may benefit under the trust
      • how the beneficiaries are to benefit under the trust


  • One or more of the beneficiaries under the trust have a contingent or defeasible interest in some or all of the capital or income of the trust estate


  • The trustee of another trust estate that satisfies both conditions in the first dot point above benefits or is capable of benefiting under the first-mentioned trust estate.
Last modified: 05 Dec 2006QC 17522