This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Protective trust" – news · newspapers · books · scholar · JSTOR(December 2009) (Learn how and when to remove this message)
Wills, trusts and estates
Part of the common law series
Wills
Legal history of wills
Joint wills and mutual wills
Will contract
Codicil
Holographic will
Oral will
Sections
Attestation clause
Residuary clause
Incorporation by reference
Contest
Testamentary capacity
Undue influence
Insane delusion
Fraud
No-contest clause
Property disposition
Lapse and anti-lapse
Ademption
Abatement
Satisfaction of legacies
Acts of independent significance
Elective share
Pretermitted heir
Trusts
Express
Resulting
Constructive
Common types
Bare
Discretionary
Accumulation and maintenance
Interest in possession
Charitable
Purpose
Incentive
Other types
Protective
Spendthrift
Life insurance
Remainder
Life interest
Reversionary interest
Testamentary
Honorary
Asset-protection
Special needs
Supplemental needs
Governing doctrines
Pour-over will
Cy-près doctrine
Hague Convention (conflict law)
Application in civil law
Dishonest assistance
Estate administration
Intestacy
Testator
Probate
Power of appointment
Simultaneous death
Slayer rule
Laughing heir
Advancement
Disclaimer of interest
Inheritance tax
Related topics
Advance directive (Living will)
Blind trust
Forced heirship
Totten trust
Other common law areas
Contract
Tort
Property
Criminal law
Evidence
v
t
e
The Protective Trust is a form of settlement found in England and Wales and several Commonwealth countries. It has marked similarities to asset-protection trusts found in several offshore jurisdictions and US Spendthrift trusts.
In such a trust assets are ordinarily held to pay an income to the beneficiary. The beneficiary may also have access to capital of the trust with the trustee's permission. 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.
To give protection to beneficiaries, a protective trust automatically converts into a discretionary trust, under which the beneficiary has no right to the income, if anything is done which breaches a condition specified in the document creating the trust.
The establishment of this discretionary trust is ordinarily exempt from the charge to UK inheritance tax on the establishment of discretionary trusts.
Such protective trusts have a longstanding history. To reduce the verbose definitions that had previously to be recited in the establishing documents of a protective trust, in England and Wales s33 of the Trustee Act 1925 (and equivalent legislation in other jurisdictions) provides that this protection will arise in any trust described as a "protective trust" in its trust deed.
Protective trusts are subject to challenge under creditor protection legislation as are any other forms of asset-protection. However many jurisdictions do not permit a trust to be broken where a debtor who remains a discretionary beneficiary only under a trust and cannot access the fund without the exercise of the trustees' discretion in his favour.
The ProtectiveTrust is a form of settlement found in England and Wales and several Commonwealth countries. It has marked similarities to asset-protection...
Liechtenstein Anstallts). Protectivetrusts and Spendthrift trusts can be established to provide an income for persons who cannot be trusted with it. Certainty...
this land in the 1870s, and it was subsequently placed under federal protectivetrust; it is not a reservation created by the government. Individuals can...
for Protective Services Officer (Victoria Police), Protective Service Officer (Western Australia Police and Australian Federal Police) or Protective Security...
trust Inter vivos trust Offshore trustProtectivetrust Spendthrift trust Testamentary trust Unit trust The substantial trust fund is usually added later by...
Protective Life Corporation is a financial service holding company in Birmingham, Alabama. The company's primary subsidiary, Protective Life Insurance...
In the trust law of England, Australia, Canada and other common law jurisdictions, a discretionary trust is a trust where the beneficiaries and their entitlements...
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it;...
A charitable trust is an irrevocable trust established for charitable purposes. In some jurisdictions, it is a more specific term than "charitable organization"...
Protective equipment in gridiron football ("football gear") consists of equipment worn by football players for the protection of the body during the course...
A blind trust is a trust in which the trust beneficiaries have no knowledge of the holdings of the trust, and no right to intervene in their handling....
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to...
A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified...
beneficiaries under protectivetrusts have no such limit. The courts have chosen to interpret "benefit" widely, increasing their powers to alter trusts; in Re Holt's...
March 28, 2017. Tucker, Tim (February 23, 2017). "Protective netting will be expanded at SunTrust Park". The Atlanta Journal-Constitution. Archived from...
Pastor Jeff mediates. Sheldon tries to overcome his fear by dressing in protective clothing and petting the dog, but this backfires when the dog licks him...
A purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. In most jurisdictions...
for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the benefit...
five departments: commander and adjutant, political affairs division, protective custody, administration, and medical personnel. By 1935, Himmler secured...
In trust law, a spendthrift trust is a trust that is created for the benefit of a person (often unable to control his/her spending) that gives an independent...
November 1934 that the system needed legislative reform. In June 1936, the Protective Committee Study, headed by Douglas, published its report Trustees Under...
maintenance Interest in possession Charitable Purpose Incentive Other types Protective Spendthrift Life insurance Remainder Life interest Reversionary interest...
In trust law, a bare trust is a trust in which the beneficiary has a right to both income and capital and may call for both to be remitted into their own...
experiences extreme pain, revealing live tissue; with her parents and Child Protective Services involved, Mara declines reconstruction in favor of clitoridectomy...
or gift made in a will (see that article for types). Testamentary trust, a trust that is created in a will. A will is also known as a last will and testament...
interest (or life rent in Scotland) is a form of right, usually under a trust, that lasts only for the lifetime of the person benefiting from that right...
Global Information
