Article 31 – Creditors' claims in relation to a Discretionary Trust
(1) In the case of a
Discretionary Trust, whether or not such Trust contains a protective provision, a creditor of a Beneficiary may not compel a distribution that is subject to the Trustee's discretion, even if:
(A) the discretion is expressed in the form of a standard of distribution; or
Trustee has abused the discretion.
(2) To the extent a
Trustee has not complied with a standard of distribution or has abused a discretion:
(A) a distribution may be ordered by the
QFC Court to satisfy a judgment or QFC Court order against the Beneficiary for support or maintenance of that Beneficiary's child, spouse or former spouse; and
QFC Court must direct the Trustee to pay to the child, spouse, or former spouse such amount as is equitable under the circumstances but not more than the amount the Trustee would have been required to distribute to or for the benefit of the Beneficiary had the Trustee complied with the standard of distribution or not abused the discretion.
|Amended (as from 24th December 2017).|