Why can a beneficiary transfer their “interest” under a discretionary trust to someone else?
A beneficiary can’t transfer their “interest” under a discretionary trust to someone else because until the trustee resolves to make a distribution in favour of that beneficiary, (or any beneficiary) that beneficiary’s “interest” isn’t a real “interest” or “right”. Instead, it is what the law calls a “mere expectancy” – which can’t be transferred.
