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Commonly Asked Questions about Legal Trust Formation

A trust is considered a taxpayer in Canada even though it is not considered a legal entity. A trust pays tax at the highest personal marginal tax rate on its taxable income and doesnt have the benefit of individual tax credits.
An irrevocable trust provides you with more protection. While you cant modify it, creditors cant easily make claims against it, and assets held within it can generally be passed on to beneficiaries without being subject to estate tax.
Revocable, or living, trusts can be modified after they are created. Revocable trusts are easier to set up than irrevocable trusts. Irrevocable trusts cannot be modified after they are created, or at least they are very difficult to modify. Irrevocable trusts offer estate tax benefits that revocable trusts do not.
Irrevocable trusts are an effective way to remove assets from your taxable estate. Revocable trusts can help your estate avoid probate but they dont reduce your estate tax liability.
The cost of setting up a living trust in Canada can vary depending on things such as the complexity of the trust, legal fees, and the involvement of professionals. On average, the living trust fees with lawyers start at a minimum of $1,000 and go up from there with hourly fees.
How To Set Up A Family Trust In Canada The trust agreement is drawn up with the aid of a notary or tax lawyer. The settlor makes an irrevocable donation. A bank account is opened in the trusts name. A closing agenda is set in place and executed ing to the guidelines provided by a tax practitioner.
Understanding the 3 Primary Classes of Trusts Revocable Trusts. A revocable trust can be alteredor even terminatedat any time during the trustors (person establishing the trust) lifetime. Irrevocable Trusts. Testamentary Trusts.
With that said, revocable trusts, irrevocable trusts, and asset protection trusts are among some of the most common types to consider.