Inter Vivos Form Living Order With Beneficiaries
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FAQ
To leave property to your living trust, name your trust as beneficiary for that property, using the trustee's name and the name of the trust. For example: John Doe as trustee of the John Doe Living Trust, dated January 1, 20xx.
One example to help you imagine how an Inter Vivos Trust can be used is a college education fund. Let's say you have two young children, and you and your spouse became motivated to establish an estate plan. You set up two Trusts and name your children as the beneficiaries, one Trust per child.
Can a Trustee Change the Beneficiary? Trustees generally do not have the power to change the beneficiary of a trust. The right to add and remove beneficiaries is a power reserved for the grantor of the trust; when the grantor dies, their trust will usually become irrevocable.
'Z', a businessman, promises his nephew, D, a piece of land if he works hard and passes his exams. D lives up to Z's expectations and is gifted with the piece of land. Z then goes through all the processes of land transfer and gives D his title deed. This type of gift is considered an inter vivos gift.
The identity of beneficiaries is up to the grantor, who can change beneficiaries or terminate the trust during their lifetime. Beneficiaries of an irrevocable trust generally can't be changed and trust terms usually can't be amended without the beneficiaries' permission.