NON-GRANTOR PROVISION

  • Help shift income and tax liability away from the Trustee to potentially reduce overall tax obligations.
  • Minimize income tax obligations and maximize tax-efficient wealth transfer.

IRREVOCABLE PROVISION

  • Cannot be modified or revoked without Trustee consent.
  • Provide greater asset protection.
  • Offers many tax advantages.
  • Tax advantages, such as reducing estate taxes and protecting assets from potential creditors.

COMPLEX PROVISION

  • The trust must retain some of its income and not distribute all of it to beneficiaries.
  • Offer greater control over income distribution and accumulation.
  • Potential for tax advantages and charitable giving opportunities.

DISCRETIONARY PROVISION

  • The discretionary provision grants the trustee discretion in distributing trust assets among the beneficiaries.
  • The trustee has the authority to determine the timing and amount of distributions, based on the beneficiaries’ needs and the objectives set out in the trust document.
  • Beneficiaries do not have an automatic entitlement to distributions, as the trustee has discretion over who receives how much and when.

SPENDTHRIFT PROVISION

  • The Spendthrift Trust provision is designed to protect trust assets and provide controlled distributions to beneficiaries.
  • The Spendthrift Trust’s main objective is to safeguard beneficiaries from creditors, promote responsible spending, and preserve family wealth for future generations.
  • May NOT be penetrated to reach the assets of the corpus nor can a judge or court issue a turnover order against a properly constructed Spendthrift Trust.