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How to Remove and/or Appoint Beneficiaries. Typically, the beneficiaries in a discretionary trust can be changed by preparing a Deed of Amendment. However, many older discretionary trust deeds fail to make it clear whether a specific person can be removed and/or appointed as a beneficiary.
This is especially true in the case of an ILIT, because they are irrevocable in nature. Once you set up and fund your ILIT, you can no longer make any changes. This means that you cannot change your beneficiary or beneficiaries, even if you experience divorce in the family or a falling out.
In most cases, a trust deed generally offers two processes for the removal of a beneficiary. Most commonly, the beneficiary can sign a document to renunciate all interests as a beneficiary. Otherwise, the trustee may have discretionary power to revoke the beneficiary.
The discretionary beneficiaries include the spouse (except where the spouse is a joint settlor), widow or widower of the settlor, the children and the remoter issue of the settlor, their spouses, the brothers and sisters of the settlor and their issue, anybody who would benefit from the estate of the settlor on his or ...
DTD is just an abbreviation for "dated," meaning the date the trust was signed. When referring to a trust, one should always use the date of the trust.