Can an existing trust be a beneficiary in a will?

bobster2

Say someone's will created a discretionary trust - they have died and the trust has been created.

Can someone else later name that trust as a beneficiary in their will? Rather than creating a new trust.

Keep_pedalling

I can't see why not, although I can't see any advantage in doing so, and there is the risk that the trust may be wound up before you popped your clogs.

SeniorSam

With a Discretionary Trust, the Trustees can appoint anyone to be beneficiary at any time during the lifetime of the Trust

bobster2

https://forums.moneysavingexpert.com/discussion/comment/80028362#Comment_80028362

Thanks.

The advantage is - I've discovered that acting as a trustee for a smallish trust is quite a headache. And someone else setting up a second even smaller one with the same beneficiaries (again with me as trustee) would create work that could be avoided by having it all in the same place.

Keep_pedalling

bobster2 said:

I can't see why not, although I can't see any advantage in doing so, and there is the risk that the trust may be wound up before you popped your clogs. <\/p>","bodyRaw":"[{\"type\":\"p\",\"children\":[{\"text\":\"I can't see why not, although I can't see any advantage in doing so, and there is the risk that the trust may be wound up before you popped your clogs. \"}]}]","format":"rich2","dateInserted":"2023-05-02T21:27:21+00:00","insertUser":{"userID":2369200,"name":"Keep_pedalling","title":"","url":"https:\/\/forums.moneysavingexpert.com\/profile\/Keep_pedalling","photoUrl":"https:\/\/us-noi.v-cdn.net\/6031891\/uploads\/userpics\/913\/n1HD7GYR4OH05.jpeg","dateLastActive":"2023-05-03T13:23:34+00:00","banned":0,"punished":0,"private":false,"label":"Forumite<\/b><\/span>"},"displayOptions":{"showUserLabel":false,"showCompactUserInfo":true,"showDiscussionLink":false,"showPostLink":false,"showCategoryLink":false,"renderFullContent":false,"expandByDefault":false},"url":"https:\/\/forums.moneysavingexpert.com\/discussion\/comment\/80028362#Comment_80028362","embedType":"quote","embedStyle":"rich_embed_card"}"> https://forums.moneysavingexpert.com/discussion/comment/80028362#Comment_80028362

Thanks.

The advantage is - I've discovered that acting as a trustee for a smallish trust is quite a headache. And someone else setting up a second even smaller one with the same beneficiaries (again with me as trustee) would create work that could be avoided by having it all in the same place.

Is a secondary discretionary trust worth the trouble for small amounts? 

Marcon

SeniorSam said:

With a Discretionary Trust, the Trustees can appoint anyone to be beneficiary at any time during the lifetime of the Trust

Only if they fall within any permitted class of beneficiaries set out in the trust documentation - and there are usually restrictions.