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  • Writer's pictureTim Purcell, Founder

Can Wills deal with discretionary trusts?

Yes - they can.

However, whether control of the discretionary trust can be passed to your executor via your Will depends on the terms of the discretionary trust. Not the terms of the Will.

Included in Segment 3 of all Wills from Will Wizard is a clause that provides executors with the authority to assume control of any non-fixed trusts or the shares in non-fixed trusts you may have at your death, and instructs your executors to then pass effective control to your primary beneficiaries. However, if you are the trustee or beneficiary of a discretionary trust, and are unsure of whether the terms of your discretionary trust allow for your executor to assume control over the trust on your death, it is best to have your deed reviewed.

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Tim Purcell

Will Wizard Co-Founder

As always, if you have questions about the suitability of any Will for your needs and circumstances, seek independent legal advice.

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