Duties of trustees: Under customary and provincial law, trustees are granted certain powers with respect to the administration of a trust. If it is not clear whether trustees have the authority to take a particular action and this is not explicitly documented in the trust agreement, it is recommended that you seek the advice of a lawyer. Similarly, an unfunded living trust does not technically exist until it has received certain assets. If you are trying to create a living trust, but you are not transferring assets to it except in your will, the property must go through the estate as a testamentary trust. 1 If an estate qualifies and chooses to be a graduated rate estate (FRG) for income tax purposes, it is taxed at staggered rates for 36 months after the person`s death. Testamentary trusts that benefit persons with disabilities who are eligible for the disability tax credit will continue to be taxed at capped rates. These trusts are called Qualifying Disability Trusts (QDTs). Living trusts can be revocable or irrevocable. Testamentary trusts cannot be irrevocable. Irrevocable trust is usually more desirable. The fact that it is immutable and contains assets that have been permanently removed from the trustee`s possession minimizes or avoids inheritance tax altogether.
Annex III is a model fiduciary agreement. This document is just a draft intended to serve as an example of the use and advice of a lawyer when drafting an escling agreement. A trust is a fiduciary relationship in which one party, known as a trustee, gives another party, the trustee, the right to own property or assets for the benefit of a third party, the beneficiary. Trusts are established to legally protect the trustee`s assets, to ensure that those assets are distributed according to the trustee`s wishes, and to save time, reduce red tape, and in some cases avoid or reduce inheritance or estate tax. .