There
are two main types of Trusts. The first is known as a
Living Trust or inter vivos trust, which is created while
you are still alive. A living trust takes effect once the trust
agreement has been signed and the trust has been funded. The
second is a Testamentary Trust,
which is created by the terms of a persons will. A Testamentary
Trust will take life at the time of ones passing away and will be
funded by the deceased's estate.
Living Trusts
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Family Trust – A
family Trust can be very useful for holding assets or
investments to later benefit your children or other
dependants. For example, you could create a family Trust
that will be used to fund your children's education. If this
Trust is designed properly it can provide significant tax
savings over the years because your children will be taxed
on the capital gains at lower tax rates than you would be
taxed at.
-
Joint Partner Trust –
If you are 65 or older and are planning on leaving your
property and assets to your spouse you have the option of
transferring your assets into a joint partner Trust. While
you are alive you will still have use of your assets and
will continue to receive income or capital gains on the
assets in the Trust. At your time of death your assets held
by your joint partner Trust will pass to your spouse under
the terms of the Trust, not the terms of your Will.
- Alter Ego
Trust – Similar to a
joint partner Trust, an alter ego Trust is for people who
are 65 or older but do not have a spouse. At the time of
death your assets would be disposed of at fair market value
for capital gains tax purposes just like your assets would
be disposed of if you did not have a Trust. Benefits of an
alter ego Trust include avoiding probate fees, preserving
secrecy regarding your level of net worth and how your
estate is to be distributed after your death as well as
avoiding the requirement to file a list of assets you are
passing to your beneficiaries.
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Providing for Family Members
– If you have a family members who cannot look after
themselves you can create a Living Trust that will provide
for their financial needs. When the beneficiary passes away
the funds left in the Trust can be passed on to other family
members or used for another purpose such as charity.
-
Retirement Needs
– With age, many people do not feel comfortable managing
their finances and look to Trust companies. The Trust can be
structured to provide parents with income until the passing
of the second parent then the funds left in the Trust can be
distributed to children or other beneficiaries.
Testamentary Trusts
-
Spousal Trust –
If a spouse is ill or lacks financial responsibility you
can create a Trust that will provide income to your
spouse until he or she passes away. On the passing of
your spouse the remainder of the Trust can be left to
children, grandchildren or even a charity.
-
Trust for Minors –
Common practice is to have provisions setup for children
in the case that both parents die. A Trust can be
created so that in the case of both parents passing away
the trustee can pay out income for the specific needs of
the children and/or have the funds dispersed at various
times in the child's life.
-
Spendthrift Trust –
If you have a financially irresponsible child, a solution
would be to set up a spendthrift Trust. This gives the
trustees power to distribute reasonable amounts of
income to the child with excess income being reinvested
in the Trust.
-
Special Needs Trust –
If you have a family members who are mentally or
physically challenged, you can create a Trust that will
provide for their financial needs. Your family member
would be looked after from the interest on the capital
of the Trust. Any excess interest would be reinvested
into the Trust.
-
International Trust
– If you have close family members that live outside of
Canada or will be receiving money from close family
members outside of Canada you can create an
international Trust that will provide tax-sheltered/tax-favoured
inheritances or gifts from non-residents of Canada.
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