This precedent is a template hybrid trust deed.
Hybrid trust is a cross between a discretionary and a unit trust. It combines the best features of a discretionary trust, such as being able to distribute to various beneficiaries, and a unit trust, being having fixed entitlement by the parties. It combines the tax benefits and allows unrelated third parties to have specified rights whilst retaining the flexibility of income and capital distributions between those (and other related) parties.
Hybrid trust requires a higher level of understanding than the unit trust or a discretionary trust. It also requires more compliance. Therefore, it should only be used by solicitors when the circumstances call for it.
This precedent has been authored for LexisNexis by Jane Garber-Rosenzweig, Gable Lawyers.
This precedent is prepared with the assistance of Specialist Editor Stephen Newman, Executive Counsel, Ponte Earle.