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The beneficial (or equitable) interest in the trust property is held by the beneficiaries of the trust. The beneficial interest entitles the beneficiary to enjoy the beneficial interest and enforce the trust under the terms of the instrument.
Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution. The anti-assignment provision protects undistributed trust assets from claims by a beneficiary's creditors. Next, disclaimers are used when a beneficiary, or heir, refuses to accept a gift or inheritance.
The rule against perpetuities is a legal rule in the Anglo-American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written.
These states are Alaska (repealed the rule for vesting of property interests), Delaware (repealed entirely for personal property interest held in trust; 110 year rule for real property held directly in trust), Idaho, Kentucky (repealing the rule interests in real or personal property), New Jersey, Pennsylvania, Rhode
The Connecticut Qualified Dispositions in Trust Act is also part of the new Connecticut Uniform Trust Code. This Act creates a new type of trust available in Connecticut, which is the Domestic Asset Protection Trust (DAPT).
Law Against Perpetuities Now, the Act extends the Connecticut's 90 years all the way out to 800 years!
A beneficial interest is the right to receive benefits on shares held by another party. Beneficial interest is often referred to in matters concerning trusts, whereby one has a vested interest in the trust's assets. A beneficial interest is that right which a person has in a contract made with another (third party).
The common law Rule against Perpetuities is English in origin and was first promulgated centuries ago. The modern version of the Rule has been altered in California by statute. California has enacted the Uniform Statutory Rule Against Perpetuities, which supersedes the old common law rule.
Trust Interest means an account owner's interest in the trust created by a participating trust agreement and held for the benefit of a designated beneficiary.