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

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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).

The main distinction is that for a charitable trust is that the intended beneficiary is a charity or charitable cause. The trust deed, which is signed at the start of the relationship, sets out the legal basis upon and within which the trustee must operate.

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.

Generally, you can name anyone, even a charity, as the beneficiary of your life insurance policy or retirement account. You can leave the entire amount of your death benefit to a charity or designate that only a portion of the proceeds goes to the charity and the remainder to a family member or other beneficiary.

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.

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.

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.

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.

Naming a charity as a life insurance beneficiary is simple: Write in the charity name and contact information when you choose or change your beneficiaries. You can name multiple beneficiaries and specify what percentage of the death benefit should go to each.

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