I am a beneficiary and the trustee has not made any distributions to me. Why?

• Whether or not a beneficiary will receive a distribution from the trust depends on many things. Rules around distribution of assets and income will often be contained in the trust deed. As a beneficiary you will usually have the right to inspect this document.
• If the trust is a discretionary trust with multiple beneficiaries the trustee has discretion as to whether they make a distribution at all and if so:
  • to whom; and
  • in what proportions.
• Beneficiaries under a discretionary trust cannot compel the trustee to make a distribution to them. However other more general rights are still available to discretionary beneficiaries. These include:
  • the right to information regarding trust management;
  • the ability to challenge any breaches of duties regarding the exercise of a trustee's discretion; and
  • the right to apply to the court to prevent an ineligible distribution of trust property.