Virgin Islands Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions

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Multi-State
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US-02272BG
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Description

A Trust is an entity which owns assets for the benefit of a third person (beneficiary). Trusts can be revocable or irrevocable. An irrevocable trust is an arrangement in which the trustor departs with ownership and control of property. Usually this involves a gift of the property to the trust. The trust then stands as a separate taxable entity and pays tax on its accumulated income. Trusts typically receive a deduction for income that is distributed on a current basis. Because the trustor must permanently depart with the ownership and control of the property being transferred to an irrevocable trust, such a device has limited appeal to most taxpayers.


A spendthrift trust is a trust that restrains the voluntary and involuntary transfer of the beneficiary's interest in the trust. They are often established when the beneficiary is too young or doesn't have the mental capacity to manage their own money. Spendthrift trusts typically contain a provision prohibiting creditors from attaching the trust fund to satisfy the beneficiary's debts. The aim of such a trust is to prevent it from being used as security to obtain credit.

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  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions

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FAQ

Benefits of a Spendthrift TrustProtects your estate from negligent spending habits. Distributes assets incrementally, instead of at once. Protects assets from your beneficiary's creditors. Bypasses probate (if established during your lifetime)

A "spendthrift trust" is designed to protect a beneficiary who would, without oversight, quickly spend or lose any inheritance.

Regardless of whether a trust contains a spendthrift provision, Section 501C. 505 establishes the rules that apply to creditor claims against the settlor of a trust: For a revocable trust, during the settlor's life: The property of the trust is subject to claims by creditors of the settlor.

How Does a Spendthrift Trust Work? A spendthrift trust puts restrictions on the beneficiary's access to trust principal. Essentially, the beneficiary cannot access the trust principal, or promise it to anyone else. Because the beneficiary cannot access trust funds, neither can his or her creditors.

An irrevocable spendthrift trust is a type of trust that either limits or altogether prevents a beneficiary from transferring or assigning his or her interest in the income or the principal of the trust.

Under Chapter 166, an individual can serve as the settlor, trustee, and beneficiary of the trust. This network of laws is specifically designed to protect trust assets from the claims of any creditor.

A spendthrift trust is a trust designed so that the beneficiary is unable to sell or give away her equitable interest in the trust property. The trustee is in control of the managing the property. Thus, the beneficiary of the trust is not in control of the property and her creditors cannot reach those assets.

Black's Law Dictionary defines a spendthrift as: One who spends money profusely and improvidently; a prodigal; one who lavishes or wastes his estate. A spendthrift trust is: A trust created to provide a fund for the maintenance of a beneficiary and at the same time to secure the fund against his improvidence or

Lifetime Spendthrift Trust This type of trust provides for the beneficiary for a lifetime. The terms can vary. Typically, there might be a monthly distribution to the beneficiary of, for example, $3,500 for the lifetime of the beneficiary.

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Virgin Islands Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions