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In trust law, a beneficiary (also known by the Law French terms cestui que use and cestui que trust), is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person, but it is perfectly possible to have a company as the beneficiary of a trust, and this often happens in ...
Qualified beneficiaries" are defined as a beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee or permissible distributee of trust income or principal; (B) would become a distributee or permissible distributee of trust income or principal if a present distributees' interest ended on that date without ...
Trust beneficiaries may also have to deal with tax repercussions too. Depending on trust, money or assets, and the estate laws within the state, a tax payment may be required.
For example, a beneficiary might waive their right to inherit if they don't need the assets they'd otherwise be entitled to or if inheriting would impose too great of a tax burden on them.
In the UK a bare or simple trust is one where the beneficiary has an immediate and absolute right to both the capital and income held in the trust. Bare trusts are commonly used to transfer assets to minors. Trustees hold the assets on trust until the beneficiary is 18 in England and Wales, or 16 in Scotland. [37]
Schmidt v Rosewood Trust Ltd [2003] UKPC 26 is a judicial decision concerning the information rights of a beneficiary under a discretionary trust.Although the judgment involved a question as to the law of the Isle of Man (rather than English law, strictly speaking), the Privy Council's judgment in Schmidt v Rosewood was adopted into English law by Briggs J (as his Lordship then was) in ...
The precise nature of the interests and rights of the beneficiary under a trust is contested. Ben McFarlane states that there are three principal theses about the nature of equitable rights: [3] Equitable interest is a right against a right, rather than right against a thing or right against a person.
The right to receive income from a trust would ordinarily be an asset in the hands of the beneficiary and could be sold, thwarting the intention of the donor to spread the gift over the recipient's lifetime. Additionally on a bankruptcy the right to the income would be sold by the beneficiary's trustee in bankruptcy.
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