Guam Provision in Testamentary Trust with Bequest to Charity for a Stated Charitable Purpose

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US-0658BG
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This form is a sample provision in a testamentary trust with a bequest to charity for a stated charitable purpose.

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FAQ

A testamentary trust (a trust established by will after death) is subject to tax at graduated income tax rates. Conversely, an inter vivos trust (a trust created during a settlor's lifetime) is taxed at the highest marginal tax rate applicable to individuals (currently 43.7% in BC).

Although we commonly think of trust beneficiaries as single individuals, it is also possible to name an organization, such as a charity, as the beneficiary of a revocable trust. The process of naming the charity as the beneficiary is virtually no different than the one used to name an individual.

The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probatethe legal process of distributing assets through the court.

A charitable lead trust (CLT) is like the reverse of a charitable remainder trust. This type of trust disperses income to a named charity, while the noncharitable beneficiaries receive the remainder of the donated assets upon your death or at the end of a specific term, similar to a CRT.

To help you get started on understanding the options available, here's an overview the three primary classes of trusts.Revocable Trusts.Irrevocable Trusts.Testamentary Trusts.More items...?

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.

A charitable trust allows you to give to your favorite charity while still generating a stream of income from the donated assets. Trusts can be an effective way to accomplish charitable gift-giving.

A testamentary charitable remainder trust is created with assets upon your death. The trust then makes regular income payments to your named heirs for life or a term of up to 20 years.

By definition, simple trusts are not permitted to make charitable contributions, as all the income generated through a simple trust must be distributed to the trust's beneficiaries.

Trusts -- living, revocable and irrevocable -- are a popular tool for estate planning. Assets in a trust pass to the beneficiaries outside of probate, so they inherit without having to wait so long. You can arrange for your trust to give money to charity, but it may not qualify the trust to take a tax deduction.

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Guam Provision in Testamentary Trust with Bequest to Charity for a Stated Charitable Purpose