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Estate planning

Trusts

Trusts serve a variety of purposes. Some are created to hold, manage and distribute property. Others may be created to avoid probate or save on taxes.

A trust often makes sound financial sense as it can help ease the burden of managing your assets (including your investment portfolio), even after disability or death. A trust may also contain provisions for the care of your children in the way you choose, not the way someone else decides. It can help both simplify the administration of your estate's assets (including the regular payment of taxes) and strengthen your beneficiary's claim to disputed property.

A trust creates a legal arrangement between the person who establishes it (the creator or grantor), the manager of the trust's assets (the trustee) and the person or organization that benefits from the trust (the beneficiary). It can be established in one of two ways:

  • Testamentary, which is created by your Will, funded by your estate and administered by a trustee named in your Will.
  • Inter vivos (or living), meaning that it is created while you are alive and usually set up to manage assets or transfer property outside the probate process. It may or may not have tax advantages and can be either revocable or irrevocable.
A trust gives you control of the trust's income and enables the transfer of property to your beneficiaries.

Setting up a trust can be done at any time. It is often one of the legal arrangements considered during the financial planning process. If you don't already have a plan developed, contact a financial advisor to help get you started. To create a trust, you will need to contact a lawyer.

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