ABSTRACT

Trusts Why are we putting a chapter on trusts in a book about wills? There are two reasons:

Many wills involve some form of trust, even if the word ‘trust’ does not appear in the will. Examples are:

– an age-contingent gift to a child (for example, ‘my daughter Natalie on attaining the age of 18 years’) creates what is known as an accumulation and maintenance trust (see below);

– a gift to someone who does not have the mental capacity to handle money should always be made in trust. In draft Will 7 we provide a form of discretionary trust for a child with a mental disability.