This is a sample form for use in Virginia matters involving trusts, a Declaration of Trust - Uniform Custodial Trust Act. Under § 55-34.2 of the Virginia Uniform Custodial Trust Act, a person may create a custodial trust of property by a written declaration, evidenced by registration of the property if the property is of a type subject to registration, or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
Virginia Declaration of Trust - Uniform Custodial Trust Act
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How to fill out Virginia Declaration Of Trust - Uniform Custodial Trust Act?
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FAQ
A custodial account is a means by which an adult can open a savings account for a child. The adult who opens the account is responsible for managing it, including making investment decisions, and deciding how the money is to be used, so long as it benefits the child in some way.
Custodial trust is a revocable trust wherein a custodial trustee is named to manage the assets for a beneficiary who is incapacitated or disabled.
Generally speaking, beneficiaries have a right to see trust documents which set out the terms of the trusts, the identity of the trustees and the assets within the trust as well as the trust deed, any deeds of appointment/retirement and trust accounts.
A trustee has a duty to report and account to the trust beneficiaries. If you are a trust beneficiary, you have a right to information about the trust, your interest in the trust, and the various assets of the trust and how they are being administered, invested and distributed.
Custodial accounts can be thought of as a type of trust account, and are used to save money for children, their beneficiaries. These accounts are set up under the Uniform Gifts to Minors Act (UGMA) or the Uniform Transfers to Minors Act (UTMA).The responsibility of managing the account falls to the custodian.
In most cases, a trustee cannot remove a beneficiary from a trust. This power of appointment generally is intended to allow the surviving spouse to make changes to the trust for their own benefit, or the benefit of their children and heirs.
Trusts and trustees in California are governed by the California Probate Code and court cases decided which interpret the probate code.If a trustee is holding back money and not paying the beneficiaries then the trustee needs to have documented and businesslike reasons for withholding payment.
In a custodial arrangement, the account is owned by the beneficiary, and he or she is entitled to the money upon reaching the proper age.A trust fund, on the other hand, provides the person giving the money with a great deal more control, since the assets are owned by the trust.
While you can technically withdraw money from a custodial account before your child reaches the age of majority, you can only do so for the direct benefit of the child.Keep in mind that any funds you take out may also create taxable gains for your child, and that withdrawn money won't have as much time to grow.
