West Virginia Testamentary Trust Provision for the Establishment of a Trust for a Charitable Institution for the Care and Treatment of Disabled Children
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How to fill out Testamentary Trust Provision For The Establishment Of A Trust For A Charitable Institution For The Care And Treatment Of Disabled Children?
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FAQ
A testamentary trust is a trust contained in a last will and testament. It provides for the distribution of all or part of an estate and often proceeds from a life insurance policy held on the person establishing the trust. There may be more than one testamentary trust per will.
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.
Benefits of a Testamentary TrustThese Trusts can protect assets against legal action or potentially irresponsible financial decisions made by beneficiaries. Income Tax Perks: Testamentary Trusts do not require beneficiaries to pay taxes on income distributed from the 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.
All trusts are required to contain at least the following elements:Trusts must identify the grantor, trustee and beneficiary. The grantor and trustee must be identified because they are parties to the contract.The trust res must be identified.The trust must contain the signature of both the grantor and the trustee.
NOTARY REQUIREMENTSThere is no requirement for a will to be notarized in West Virginia, unless the will contains a self-proving affidavit. The self-proving affidavit must be notarized (W. Va. Code § 41-5-15).
Example of a Testamentary Trust in a WillYou specified that upon your death, Bob will manage your assets for the benefit of your daughter until she reaches the age of 21. You want Bob to be in charge of giving your daughter monthly income for education and expenses.
To create a testamentary trust, the settlor first must select the trustee and the beneficiary and specify the assets that are to be placed in trust. The settlor also has the ability to specify when and how to disburse the trust to the beneficiary. The last will and testament should detail all of this information.
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.