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Commonly Asked Questions about Trusts for Minor Children

A trust is a legal arrangement where you give cash, property or investments to someone else so they can look after them for the benefit of a third person. For example, you might put some of your savings aside in a trust for your children.
Consider a lifetime trust. First, if you give your children the right to withdraw trust money, it becomes their own money and is subject to their creditors as well as their divorcing spouse. Keeping the monies in trust for the childs lifetime will provide better liability protection.
A Pooled Minors Trust can be designed to pay for approved expenses for the sole benefit of the minor child OR keep the funds untouched until a designated age. This approach, fosters and encourages happiness, security, mental health, and emotional development into young adulthood.
A bare trust, where money belongs to the minor but is not available to them until they are 18 will not attract exit charges or Capital Gains Tax, but with this type of trust the minor has the right to the monies at 18 years old, whether they are mature enough to manage it or not.
Beneficiaries of life-interest trusts pay income tax at the basic rate, higher rate or additional rate, depending on their income levels, on the trust income (regardless of whether the income is distributed to them) and offset a tax credit at the rate appropriate to the type of income (dividend or non-dividend).
Typically, an insurer wont simply give your minor child the death benefit when you pass away. Instead, the court will likely need to appoint an adult custodian to manage the funds until the child becomes an adult. Unfortunately, this can be an expensive, time-consuming process.
Legal guardianship and court appointments. When minors inherit assets from an estate, the role of a court-appointed guardian becomes critical. A legal guardianship ensures the responsible management and protection of these assets until the minor becomes an adult.