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A will typically contains provision for the distribution of a testator's deceased estate after their death. There are some instances where a testator might choose to create a testamentary trust instead of bequeathing an asset directly to a beneficiary.
For a valid trust to be created the founder must intend to create one, he must express his intention in a mode apt to create an obligation, the property subject to the trust must be defined with reasonable certainty, the trust object, which may either be personal or impersonal must be defined with reasonable certainty
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.
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.
A testamentary trust is a trust or estate that is generally created on and as result of the death of the person. The terms of the trust are established by the will or by court order in relation to the deceased individual's estate under provincial or territorial law.
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.
Documents Required For Trust Registration in IndiaCopy of identification proof (Passport, Driving license, Voter ID, and Aadhaar card) of trustors and trustees. (Copy of utility bills.Trust deed on a Stamp paperCopy of the property registration.No objection certificate from the owner of a rented property.
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.
One of the drawbacks of a testamentary trust is the considerable responsibility it puts on the trustee. He must meet regularly with the probate court to demonstrate his safe handling of the trust, and depending on your wishes, his tasks may go on for many years.
These are:Trust Deed on stamp paper of requisite value (as stated above)Two passport size photograph & self attested copy of the proof of identity of the settler.Two passport size photograph & self attested copy of the proof of identity of each trustee.Signature of settler on all the pages of the Trust Deed.More items...