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A Spousal Lifetime Access Trust (SLAT) is an irrevocable trust set up by one spouse for the benefit of the other spouse (and possibly other family members) during your lifetime. A properly structured SLAT will help you avoid federal estate taxes while still providing limited access to the trust assets.
A spousal trust created in your will can protect your spouse's (and your children's) eventual inheritance, while also ensuring your assets are distributed the way you had intended.
In the event of divorce, a disadvantage of a SLAT is that the separated non-donor spouse will continue to benefit from the trust as a beneficiary while the donor spouse loses the indirect access in the same way that they would if the non-donor spouse passed away while they were still married.
A marital trust is also beneficial since it can provide income to the surviving spouse, tax free. However, the grantor may set a limit on how much can be withdrawn from the trust over time.
Many couples want to leave all trust property to the survivor. If you choose that option, we'll insert your spouse or partner's name (entered earlier) as beneficiary of all your trust property.
Ownership is acquired. 4. The surviving spouse is entitled to receive all of the income earned by the testamentary spousal trust during their lifetime. No other person is entitled to receive or otherwise obtain the use of any of the income or capital of the trust during the surviving spouse's lifetime.
Whereas a spousal trust is established for the benefit of a settlor's spouse, a JP trust is settled for the benefit of a settlor and the settlor's spouse or common-law partner.
To qualify as a spousal trust, the beneficiary spouse must be entitled to receive all of the income earned in the trust during their lifetime. This means that your spouse must have a legal right to enforce payment of the income and no one can withhold it from them.