Living Trust Forms for Couples

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Commonly Asked Questions about Living Trust Forms for Couples

What is the best trust for a married couple?

Simple Living Trusts for Married Couples Simple living trusts are often considered the easiest kinds of trusts to set up and keep. In a simple living trust, a couple can share the control and benefits of the trust while they are living.

What is the most popular type of trust?

Between the two main types of trusts, revocable trusts are the most common. This is primarily due to the level of flexibility they provide. In a revocable trust, the trustor (or the person who created the trust) has the option to modify or cancel the trust at any time during their lifetime.

What are the disadvantages of a living trust in Canada?

First, the set up can be more complex and involve higher upfront costs compared to a will. Additionally, transferring assets into the trust requires time and effort. Its also important to know that not all assets can be included in a trust, so you may need to speak with a lawyer to understand these complexities.

What is the best living trust for a married couple?

A joint trust gives the surviving spouse more flexibility to use all of the assets of the trust after the death of the first spouse. A joint revocable trust is also easier to fund and maintain during a couples lifetime. All assets simply go into the same place; theres no need to decide which trust an asset goes into.

Whats the difference between a marital trust and a family trust?

While a marital trust is typically irrevocable, a family trust can be either revocable or irrevocable.

What is the most popular form of marital trust?

Qualified Terminable Interest Property Trust. The Qualified Terminable Interest Property (QTIP) Trust is the most common method of creating a marital trust, especially for second marriages.

How much does a living trust cost in Canada?

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.

Is a marital trust a good idea?

Marital trusts are a way to ensure your family is taken care of in the manner you see fit and leaves behind a clear plan. The other benefit is that marital trusts allow loved ones to take advantage of estate tax exemptions and defer taxes until after the surviving spouse dies.