In the event that the remaining trust under this instrument is considered unjustified with respect to its size, the agent may terminate the trust agreement and pay the amount to the designated beneficiary of the trust. Qualified Terminable Interest Property Trust: This trust allows a person to trace assets at different times to certain beneficiaries – their survivors. In the typical scenario, a spouse receives a lifetime income from the trust and the children receive what is left after the death of the spouse. CONSIDERING that the Licensor intends to establish a trust for certain immovable property delivered to the agent, as described in Annex A annexed to this Agreement, in favour of a beneficiary; The taxpayer, whose residence has been “blocked” in a trust, has now had another opportunity to benefit from these CGT exemptions. The law amending the tax law of 30 September 2009 entered into force on 1 January 2010 and granted a period of two years, from 1 January 2010 to 31 December 2011, giving a natural person the possibility of benefiting from the transfer of residence without transfer tax or CGT consequences. While taxpayers can take advantage of this opening of a window of opportunity, it is unlikely that it will ever be available afterwards.  In South Africa, there are two types of living trusts: Vested Trusts and Discretionary Trusts. In the case of Ved Trusts, the beneficiaries` benefits are set out in the trust deed, while in the case of discretionary trusts, the trustees have full discretion at all times as to the amount and date on which each beneficiary must benefit from them. Negative aspects of using a living trust as opposed to a will and estate include upfront legal fees, fiduciary management fees, and the lack of certain security features. The cost of the trust can be 1% of the estate per year, compared to the one-time estate fee of 1-4% for the estate, whether or not there is a will.
Unlike trusts, wills must be signed by two or three witnesses, the number depending on the law of the jurisdiction in which the will is executed. The legal protection provisions applicable to estates, but which do not automatically apply to trusts, include provisions that protect the deceased`s property from mismanagement or misappropriation of funds, such as.B. Requirements for loyalty, insurance and individually listed statements of estate property. Rules. Finally, some of the rules that must be followed are naturally part of the type of position of trust used, while other rules depend on what is stated in the trust agreement. You will find other rules in national and federal law. A trust or trust agreement is an agreement in which one person transfers their property to another (trustee). In accordance with the terms of this Agreement, it is possible to transfer money, securities, real estate, personal and intellectual property and other property rights. Living trusts can be revocable or irrevocable….