Q What is an Ascertainable Standard?
An ascertainable standard is put into a trust in order to give the trustee guidance as far as when and how they need to make distributions to the beneficiaries.
A trustee can make distributions to a beneficiary for health, education, maintenance and support. This is also known as the “HEMS” standard. This standard gives the trustee some restriction on what they can make distributions for, but is broad enough language to ensure the beneficiary is taken care of.
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