Virgin Islands Certificate of Trust for Testamentary Trust

State:
Multi-State
Control #:
US-01183BG-3
Format:
Word; 
Rich Text
Instant download

Description

A certificate of trust is a shortened version of a trust that verifies the trust's existence, explains the powers given to the trustee, and identifies the successor trustee(s).
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FAQ

A testamentary trust is not established until after the person passes away in which the executor or executrix settles the estate as outlined in the will.

It is not a legal requirement that a trust's books are audited, and it may add an unnecessary cost in the administration of a trust. However, a trust deed may specifically require the books of a trust to be audited.

These include the complex and time-consuming probate process, limited privacy, potential increased costs and the lack of flexibility compared to living trusts. Understanding these drawbacks is crucial in determining whether a testamentary trust aligns with an individual's unique estate planning goals and requirements.

A 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. Only a funded living trust avoids probate court.

A testamentary trust is a trust established under a valid will, but it's not the same trust as the deceased estate. Depending on who is appointed as the trustee and appointor of the testamentary trust, there may need to be a high level of co-operation between family members.

If a testamentary trust fails, the property usually will be held on resulting trusts for the testator's residuary estate. Some famous English trust law cases were on behalf of the residuary legatees under a will seeking to have testamentary trusts declared void so as to inherit the trust property.

Therefore there will be an accounting cost if you use an accountant. The trust does not need to be audited and there are no regulatory fees. There are no ongoing legal costs with operating a testamentary trust.

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Virgin Islands Certificate of Trust for Testamentary Trust