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A trust amendment is a legal document that changes specific provisions of a revocable living trust but leaves all of the other provisions unchanged, while a restatement of a trust?which is also known as a complete restatement or an amendment and complete restatement?completely replaces and supersedes all of the ...
Limitations: Requires adherence to trust document's instructions on asset assignments. Joint assets, including certain IRAs and retirement plans, cannot be placed into a one-person trust. No complete tax avoidance: Total avoidance of taxes is rarely possible with living trusts, though there may be ways to reduce them.
From the time the trust is set up, it holds the assets in question, and the trustees can administer them with the benefit of the trust and its beneficiaries in mind. The trust can buy or sell assets, make investments, and transfer assets to other persons or organizations as the trustees see fit.
In Ontario, an individual who has a financial interest in the estate can apply to the Court to have the estate trustee removed, replaced or not appointed at all. Such application is one of the common types of estate litigation.
The settlor will usually name those whom they wish to act as trustees and where the settlement is inter vivos, the trustees will normally be parties to the trust deed. Where the settlor simply declares an intention to henceforth hold some of their property on trust, they will themselves be the sole trustee.
It is possible to include either one corporate trustee or up to three individual trustees. A trustee can also be a beneficiary provided that it is not the sole trustee and beneficiary. If there is another trustee, or another beneficiary as well, then it is acceptable.
The trust deed lists the trustees. Therefore, to change an individual trustee, you need to amend the trust deed. Most trust deeds permit a change of trustee by way of a trustee resolution and entry into a deed of variation. A trustee resolution is a signed statement of the actions taken by the trustee.
A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries' consent.