
Testamentary Trust for Form


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What is the difference between a trust and a testamentary trust?
A living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will. Only a funded living trust avoids probate court.
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What is the benefit of a testamentary trust?
What are the advantages of a testamentary trust? Testamentary trusts can protect assets and reduce the tax paid by beneficiaries from income earned from the inheritance. This can make testamentary trusts an effective estate planning tool.
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Why use a testamentary trust instead of living trust?
Why? Well, because a testamentary trust allows the grantor some control over the assets during his or her lifetime. After the grantor passes away, the testamentary trust, which is considered an irrevocable trust, is created. Irrevocable trusts can sometimes protect assets against judgments and creditors.
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What are the cons of a testamentary trust?
Disadvantages of a Testamentary Trust For example, the trustee may be required to regularly report the trust assets or appear in court to make regular reportings. Legal fees for maintenance are also a factor that you may need to consider, depending on the complexity of the trust.
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What is the disadvantage of a testamentary trust in Canada?
The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probate—the legal process of distributing assets through the court.
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What are the disadvantages of putting your house in a trust in Canada?
Capital property held within a family trust, such as real estate or investments, is subject to being taxed as per trust rules. Any capital gains, losses or income/losses realized by the trust are typically taxed within the trust unless made payable to beneficiaries.
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Do testamentary trusts avoid probate in Canada?
Since generally only assets passing through your estate can be transferred to a testamentary trust (an exception exists for insurance proceeds that may be paid directly to the trust, rather than through the estate), probate taxes will likely have to be paid.
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What is the lifespan of a testamentary trust?
The trustee of the testamentary trust decides how the trust funds are invested and distributed. The appointer of the trust has the power to remove and appoint the trustee. The trust can last for up to 80 years, however, it can be 'wound up' at an earlier time if needed.
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