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The will stipulates that a trust be created for each beneficiary. What type of trust would this be, a Personal Trust? Subject to the highest tax rates? The estate of the deceased will file GRE trust until the assets are moved into the new trusts. What type of trusts are the new ones for the beneficiaries? TIA
As an estate can only have one GRE, the trusts created for the minors will be personal trusts, subject to the higher rate of tax. As they are created due to the death of an individual, you could designate one as a GRE, but only if the estate does not use that designation. The GRE designation only last for 36 months after death, so any trust remaining after than time will be subject to the high rate of tax. This all changes if the beneficiary is a disabled child. You should consult with a lawyer and/or tax specialist on this as my knowledge in this area could be rusty. I do recall that it used to be common to name multiple trusts, but is less so now. The important things will be to have a way to pay the income out to the beneficiary so that it is taxed in their hands instead of in the trust.
Thank you for your response. i have learned from working with the Trust department at CRA that multiple trusts can be created upon the death of a taxpayer. They told me, though, that the only GRE can be for the estate of the deceased and not the beneficiaries. i have coded their trusts as 900 -Other. and will distribute the income to each personlly. Does that sound about right?
Sorry for the delay - I do not go online much these days.
Yes, that sounds right to me.
HI Janis, thanks for the reply. Would you, or anyone seeing this with experience, be open to a phone consultation with me regarding trusts? i have 20 years experiece with T1's but not much with trusts. it would be great to have a resource to review with.
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