TSEM6261 - Legal background to trusts and estates: protective trust

Trustee Act 1925 Section 33

A trust document may contain provisions to stop a beneficiary from prejudicing his right to the income of the trust. Prejudicial actions could include surrendering or assigning the interest, or becoming bankrupt.

»Ê¹ÚÌåÓýapp safeguard provides for the interest to cease. Instead, the trustees have discretion to apply income to a class of beneficiaries including the original beneficiary. »Ê¹ÚÌåÓýappy usually do this by applying Section 33 Trustee Act 1925.

It converts a non-discretionary trust into a discretionary trust.