What is a support trust?

A support trust is a specific type of trust where the trustee is to provide for the beneficiary’s support (such as housing, food, school tuition, etc.), but the trustee has no right to provide for luxuries. In some support trusts, the trust document may require the beneficiary to prove why any requested payment is necessary for his or her support, and part of the trustee’s duty as a trustee would be to conduct his or her own review before granting or denying such a request. A support trust can be a mandatory trust or a discretionary trust.

The “level of support” relevant to a support trust (i.e., how much support has to actually be provided to the beneficiary) is generally interpreted as the level to which the beneficiary is accustomed to.