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How to Annotate Pour-Over Will

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- Hello there, my name is Kevin Snyder of Snyder Law. And Im an estate planning and Elder Law planning attorney. And today Id like to talk to you about, what a pour-over will really is. I get asked often, Whats the difference between a will and a trust, and do I need either or both? You can look at my one of our other videos, that we have here on the website, if you wanna know a little bit more about the difference between a will and a trust. Today Im gonna talk about the pour-over will. And the fact that if youre creating a revocable living trust, then youre also going to be creating in tandem or together a pour-over will. And what a pour-over will is, is its your safety net. In the event that you pass away, with some items that you own, assets that you own in your name only that were not in your trust. Cause remember, any assets that are in your trust, and if we think about a trust as a box, if its in this box, then the trust controls the assets that are in the box. But eve

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What is an alter ego trust?

An alter ego trust is a trust created after 1999 by a settlor aged 65 or over. The settlor has the exclusive right to receive all income from the trust. No other person, during the settlors lifetime, may receive or otherwise obtain the use of any part of the trusts income or capital.

What is the benefit of an alter ego trust?

Alter ego trusts offer the potential to avoid probate and legal fees on death, potential asset protection, and the ability to transfer assets to the trust at cost (i.e., without the realization and taxation of capital gains when transferred to the trust).

What is the difference between a trust and a bare trust?

The assets of the trust are held in the name of the trustee or trustees but the trustee has no discretion over the assets held in trust. The trustee of the bare trust is a mere nominee in whose name the property is held.

What is the 21 year rule for family trusts in Canada?

The 21-year rule The main downside is the 21-year deemed disposition rule. Under the Income Tax Act, trusts are generally deemed to dispose of their property 21 years after their creation. The trust is considered to have sold all its assets at once, and all the unrealized gains on the trust property are taxed.

What happens to an alter ego trust upon death?

Alter ego trusts On the death of the settlor, the remaining trust property will be distributed to, or continue to be held for, family members, friends or organizations such as charities as specified in the document creating the trust.

What is another name for a pour-over will?

A living trust is a legal document that lets you direct how your assets are distributed after you die. A living trust owns the assets transferred to it, while still allowing you to use and control that property during your lifetime.

What is an example of per Stirpes?

Per stirpes, Latin for by branch, refers to every person down a family tree beginning from another person. For example, everyone below a parent, such as their children and their great-grandchildren, is included in a branch.

Who controls an alter ego trust?

Alter Ego Trust as an alternative to a Will Similar to a Will, a Settlor has the power to determine the beneficiaries in an Alter Ego Trust after his or her death. The assets which have been transferred to an Alter Ego Trust will be distributed in ance with the Settlors instructions in the trust deed.

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