Delaware Pot Testamentary Trust

State:
Multi-State
Control #:
US-13229BG
Format:
Word; 
Rich Text
Instant download

Description

A Pot Testamentary Trust is a testamentary trust set up for more than one beneficiary, typically children. The purpose of a Pot Testamentary Trust is to keep the funds in one pot until a later event. For example, at the death of the parents, the assets may be kept in one pot until all the children have graduated from college or reached age 21.
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FAQ

Living trusts and testamentary trustsA living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will.

Currently, taxable income earned in a testamentary trust is subject to the same graduated tax rates as an individual taxpayer (this is subject to change after December 31, 2015).

Currently, taxable income earned in a testamentary trust is subject to the same graduated tax rates as an individual taxpayer (this is subject to change after December 31, 2015).

Trusts are a crucial element to Estate Planning as they help provide more control over asset distribution after death. Among the various types available, a Testamentary Trust can be one of the best options for those thinking of their young children or grandchildren.

A testamentary trust is set up in a person's will and starts upon their death. It holds and protects all, or some, of the person's assets such as property and investments. The trust looks after the assets for the beneficiaries. Beneficiaries are the people or organisations that will benefit from the trust.

Well, because a testamentary trust allows the grantor some control over the assets during his or her lifetime. After the grantor passes away, the testamentary trust, which is considered an irrevocable trust, is created. Irrevocable trusts can sometimes protect assets against judgments and creditors.

How does it save tax? A testamentary trust allows the person who controls it to split the income generated by the trust between family members. Importantly, children who receive income from a testamentary trust are taxed at adult tax rates, instead of penalty rates (up to 66%) which apply to other types of trusts.

The main benefits of testamentary trusts are their ability to protect assets and to reduce tax paid by beneficiaries from income earned from the inheritance.

Delaware trust laws give grantors more flexibility in terms of what can be invested. DE Code § 3302 (b) allows trusts to acquire any type of investment or asset as part of their investment portfolio. Stocks, bonds, mutual funds, and alternative investments can be included in your Delaware grantor trust.

Testamentary trusts are discretionary trusts established in Wills, that allow the trustees of each trust to decide, from time to time, which of the nominated beneficiaries (if any) may receive the benefit of the distributions from that trust for any given period.

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Delaware Pot Testamentary Trust