Trustees have discretion over who the income and capital is paid to
B.
Beneficiary has the right to all of the capital and income once they reach a certain age
C.
Name of the beneficiary remains private
D.
Beneficiary has a right to the income but not the capital
The Answer Is:
B
This question includes an explanation.
Explanation:
A bare trust is a simple trust structure in which the beneficiary is absolutely entitled to both the trust income and the trust capital. The trustees hold the assets in name only and must act according to the beneficiary’s instructions once the beneficiary has the legal capacity to demand the assets. In practice, bare trusts are commonly used for gifts to minors, where the trustees administer the assets until the beneficiary reaches the age at which they can legally take control. At that point, the beneficiary can require the trustees to transfer the trust property to them, and they have an enforceable right to both income and capital. This contrasts with discretionary trusts where trustees decide who benefits and when. It also differs from interest in possession arrangements where a beneficiary may have a right to income but not necessarily the capital. Privacy is not the defining feature tested for bare trusts. The key examinable point is absolute entitlement: once the beneficiary reaches the relevant age of legal entitlement, they have the right to all capital and income.
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