Discretionary Trust

News & Analysis as of

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more

Continuing Writs Of Garnishment Against Discretionary Trusts–How Far Does It Go? [Florida]

In the recent 2nd DCA case of Berlinger v. Casselberry, the court allowed a continuing writ of garnishment against distributions to be made to a beneficiary of what appears to be a discretionary trust, for unpaid alimony...more

Litigation funders in Australia - tighter regulations on the horizon?

To date, litigation funders in Australia have been subject only to "light touch" external regulation. However, there are increasing calls to see greater scrutiny applied to these funds. On issue which might prove a...more

The Limits of Discretion: Trust Distributions for Health, Education, Maintenance and Support

Trustees are often granted the power to distribute trust property “in the Trustee’s discretion” for a beneficiary’s “general well-being,” “best interests,” “comfort,” or, most commonly, “health, education, maintenance and...more

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