Discretionary trust

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A discretionary trust is a trust that contains a provision giving the trustee discretion to pay to the beneficiary only so much of the income and principal of the trust property as the trustee sees fit.  Since the beneficiary’s interest is subject to the trustee's complete discretion, theoretically the beneficiary only has an expectancy and no actual property interest.  Hence, there are no assets to transfer voluntarily and nothing on which creditors can attach.