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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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My son is a beneficiary of a discretionary trust set up by

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My son is a beneficiary of a discretionary trust set up by his late aunt, which provides about £10000p.a. at irregular intervals and in irregular amounts in the form of ( already taxed) capital repayments.Can this sum be declared as a source of income when applying for a visa for an overseas bride? Is there any reason for this Trust not to be mentioned to any Government agencies e.g.HMRC or the immigration authorities? The immigration office want to see the original document which has been mislaid. They will not accept a copy. What can be done?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question..

It’s perfectly fine to show the income from the trust as a source of money that he will have available to him, but I should think that in order for the UKBA to accept that this money shall continue to be a source of income to him for the purpose of determining that he should not need to access public funds that they will require details of the trust (including the remaining capital). He should speak to the trustees to make sure they are fine with the disclosure but if they trust is for his benefit then I cannot see that they could object.

Provided all tax has been paid I cannot see how the disclosure would prejudice the trustees or the beneficiary.

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Kind regards,


Tom
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Customer: replied 5 years ago.

 

Thank you for your opinion. Unfortunately, his elder sister , who will benefit ultimately from the capital as she is a co-beneficiary ( he has serious health probelms and is likely to predecease her) is the dominant of two trustees and declines, saying that disclosure will affect her adversely. I cannot understand the situation and would be grateful for clarification. There is also a problem which I added to my initial question. Thanks for your help
Expert:  Thomas replied 5 years ago.
You need to find out why they think it will adversely affect her. I suspect they have just taken the easy option and refused. They UKBA cannot exercise any rights in respect of the trust, they simply need to know that it does in fact exist.

The problem of the missing trust document is more difficult. The UKBA may accept statutory declarations from the trustees as to the existence of the trust, the right to income and the capital but plainly you will have to tread carefully if the trustees are already on an adversarial footing.

Kind regards,

Tom



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