South Carolina Living Trust With Multiple Beneficiaries
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FAQ
Usually you'll name primary and contingent beneficiaries. The primary beneficiary is the first person or entity named to receive the asset. The contingent is the "backup" in case the primary beneficiary is unable or unwilling to accept the asset. You can name multiple beneficiaries for several types of accounts.
To make a living trust in South Carolina, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
In most cases, the settlor, trustee, and beneficiary are the same person (at least until that person dies or becomes incompetent). In other words, if you set up a Living Trust, you can be the settlor, the trustee and the beneficiary of the trust.
There is no express power for the Trustees to add beneficiaries to the Trust, but there is an express power for the Trustees to 'amend or add to the administrative provisions of the Will. '
If the class of beneficiaries does not extend to that person, you can add a beneficiary by preparing a deed of variation. However, the original trust deed may prohibit certain persons from becoming beneficiaries. In this case, you may not be able to amend the trust deed to add them.