A person acquires an
interest in a discretionary trust if the person —
(a)
becomes a taker in default of the discretionary trust —
(i)
on creation of the discretionary trust; or
(ii)
otherwise, other than because of the surrender of another
person’s interest in the discretionary trust for which duty has been
paid or in respect of which duty was not chargeable;
or
(b) is a
taker in default of the discretionary trust whose interest increases, other
than because of the surrender of another person’s interest in the
discretionary trust for which duty has been paid or in respect of which duty
was not chargeable.