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Estate planning chapter 19
Essay on estate planning
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Midterm: Essay question: If you were an estate planner, why would you choose a trust as a preferred means to property distribution? Specifically which type of trusts would you use? Why? An estate plan is basically a process through which planning for the methodical and systematic disposition, management and administration of the property. The estate planner does this after the real owner of the property has died. The main goals of the estate planner are multiple. He is responsible for avoiding confusion when it is concerned with the final wishes of the property owner. He also has to make sure that the children have the legal guardian of the choice of the estate planner himself. Estate planner also has to make sure that the property share is equitably distributed between the members of the family or the beneficiaries of the property. In addition, there is increased importance of trusts when the estate planning is being …show more content…
However, after that, the testamentary trusts have given the benefits of graduated income tax rates that are applicable for the persons usually. Many amendments have also been made by the respective governments in changing the rules of the taxes for some particular trusts, in which the testamentary trusts are also included. The planning of estate and distribution of the property through testamentary trusts has considered this process as to eliminate the graduated income tax rates for the taxation of the trusts. In addition to that, the taxes increased the capital gains and joint partner trusts in case of the beneficiary’s hands of the person who has died rather than the trust itself. It has also made exception of permitting the charitable donation in the estate plan for allocating between the estate and the
A Quistclose trust arises when money is paid to a recipient for a specific purpose, if that purpose fails the money is held on trust for the payer. It mostly arises in insolvency cases where the proprietary rights have to be established. However, this type of trust has been thought to be inconsistent with the traditional trust principle. Many have suggested the Quistclose trust must be treated as any other fully fledged security device taking into account the protection it offers the payer on insolvency and should therefore be registrable. This essay critically analyses the concept of Quistclose trust, whether it differs from the resulting trusts.
Dwight D. Eisenhower was the thirty-forth president of the United States. He was born on October 14, 1890 in Denison, Texas. He soon moved to Abilene, Kansas, the place where he grew up, at one-and-a-half years old. Eisenhower was the third oldest of his parent’s seven children.
Ann and Bob have created a large sum of wealth in different types of investments and property. They want to distribute their wealth to their children and grandchildren without paying large sum in gift and estate taxes. Some of the methods that Ann and Bob could consider in reducing their taxable estate are:
Additionally, the former executor should file copies all the completed tax returns for the estate in the proper storage box. If the decedent had amended returns three years before death, store those returns as well. Once all the important documents of the estate are in the storage boxes, the former executor should store the boxes for at least three
The principles of constitution of trusts are derived from the case of Milroy v Lord (1862 where turner L.J. stated that the complete constitution of a trust requires the actual transfer of property from the person making the gift to the beneficiary, a transfer of the intended gift to the trustees to be held in trust for the beneficiaries or the self-declaration of a trustee. The principle in this case is that a gift can only be enforced in equity if it satisfies one of the three requirements. Where the trust does not meet any of the three requirements the trust is considered an imperfect on incompletely constitutes trust. If the donor fails to complete all the formalities required by common law, then equity will not assist the intended beneficiary and thus the gift will be imperfect. The equitable maxim applicable is that equity will not complete an imperfect gift.
Since all three trusts contain a spendthrift provision, most creditors of a beneficiary cannot invade the trust and remove property. Cindy’s concern about her husband being able to receive a portion of her interest upon their divorce is only warranted if he receives either a child support payment or spousal maintenance payment order. If her husband holds either of these types of judgments, he will be able to attach any present or future distribution that
If I name two or more primary beneficiaries to receive a specific gift of property and any of them do not survive me, all surviving primary beneficiaries shall equally divide the deceased primary beneficiary's share unless I have specifically provided otherwise. If I name two or more alternate beneficiaries to receive a specific gift of property and any of them do not survive me, all surviving alternate beneficiaries shall equally divide the deceased alternate beneficiary's
The governor and the president both hold such important jobs in this world. Imposing laws and keep the world and states in order. They serve to make things go smooth and impose what is needed to be done in the office. The powers they have changed overtime and evolve.
It is a concealed arrangement made between a testator and the trustee and is made to come into force after death. A justification for ST is the ‘dehors the will’ theory which means the trusts arise outside of the will - a inter vivos trust. Its purpose is to benefit another individual that hasn’t been written in the formal will. The testator will leave property to the trustee under the will with the understanding that they will hold the property as a gift for which they will then later on be expected to pas...
Many studies have shown that adolescents residing in low income or high crime neighborhoods are more likely to get involved with deviant behavior or committing criminal acts. (Deutsch, 2012) There are several neighborhood factors that affect the crime rates of the neighborhood such as overcrowding, low economic status, the neighborhood’s reputation and its residential instability. These may create a disorganized community, leading to distrust and cynicism among residents in the community. As a result, there would be a higher rate of opportunities for crimes and delinquency. (Kurlychek, 2011) Thus high rates of crimes and violence are more likely to occur at these areas.
Death is something that no one wants to go through or have to deal with, especially concerning the loss of loved ones. Unfortunately, it is not possible to go through life without experiencing this loss. Throughout the past several decades, the way that we view death and the funeral industry has changed significantly. Recently, it has seemed much more apparent that funeral industries are using death as a means of getting rich. But why?
Completely constituted trusts are segmented into executory and executed trusts. Executory trust is when a declaration or instrument requires the successive execution of further instruments while an executed trust is when the settlor has clearly and expressly stated what the interests of the beneficiaries are in the trust instrument. When a trust is not properly constituted, there will be no equitable proprietary interest for the beneficiaries. In such situations, the trust is enforceable under contract otherwise the beneficiaries are regarded as “volunteers”. A volunteer is a beneficiary who does not have valuable consideration for a promise or agreement for property to be transferred to him through trustees. Settlors must do everything within their power as necessary according to the nature of the property so that the settlement would be binding. There are three wa...
When it comes to estate planning, one of the many questions is whether or not probate is an ideal option. Most of the time, it is better for your beneficiaries to avoid probate. Why would you want to avoid probate? Through the probate process you have no immediate access to cash in order to pay bills, debts, or taxes - you would be left paying for it all out of pocket. Also, a probate judge could get in the way and slow down the process which is already pretty lengthy, as well as the fees that are accrued and that probate is public record. In many cases, it is best to use every avenue available to avoid the probate process.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,