Delaware Trust Agreement — Irrevocable: A Comprehensive Overview A Delaware Trust Agreement — Irrevocable is a legally binding agreement made between a Granter and a Trustee, intended to establish a trust in the state of Delaware. This type of trust agreement is characterized by its "irrevocable" nature, which means that once established, it generally cannot be modified, altered, or revoked without the consent of all involved parties, including the beneficiaries. The primary objective of an Irrevocable Delaware Trust Agreement is to protect and preserve assets, provide estate planning benefits, minimize tax obligations, and ensure the proper distribution of assets to designated beneficiaries upon the Granter's death. This agreement offers excellent asset protection and can confer significant tax advantages to those who create it. There are several types of Delaware Trust Agreements — Irrevocable, each serving specific purposes and addressing different needs: 1. Delaware Dynasty Trust: This trust agreement allows for the preservation and continued administration of assets for multiple generations. It aims to maximize wealth preservation by minimizing or even eliminating estate and gift taxes. 2. Delaware Irrevocable Life Insurance Trust (IIT): Slits are primarily designed for estate planning purposes where life insurance policies are owned by the trust rather than the individual. This trust agreement ensures that the insurance proceeds are not subjected to estate taxes and can provide liquidity to the estate. 3. Delaware Charitable Remainder Trust (CRT): A CRT allows for the transfer of assets to a trust, providing income to the Granter or another named beneficiary for a specific period. At the end of the trust term, the remaining assets are donated to a charitable organization. This arrangement offers income tax deductions to the Granter and can be an effective tool for philanthropic endeavors. 4. Delaware Special Needs Trust (SET): An SET is designed for individuals with disabilities, ensuring that their support needs are adequately met while preserving eligibility for government assistance programs. This trust agreement safeguards the assets and ensures continued financial security for the individual. 5. Delaware Qualified Personnel Residence Trust (PRT): A PRT allows a Granter to transfer a primary residence or vacation home to an irrevocable trust while retaining the right to live in the property for a predetermined term. This agreement provides potential estate tax savings while still allowing the Granter to enjoy the property during the trust term. When establishing a Delaware Trust Agreement — Irrevocable, it is crucial to involve an experienced attorney or financial advisor well-versed in trust law. Due to the complex nature of these agreements, professional guidance can help ensure compliance with legal requirements and maximize the benefits sought by the Granter.