The advantage of a Family Trust created by Will is that if an investment is left in the
Trust, the Trust can take advantage of the lower, marginal rates of taxation of investment income, instead of the beneficiaries' higher rate of taxation. In many cases, if the spouse of the deceased is a beneficiary, this may not only lower the tax liability, but also prevent the clawback of Old Age Security or other income-based benefits, such as the GST credit. In cases where Discretionary Trusts
are established for children, the child is made the trustee and given the
discretion to allocate income to himself, to his spouse, and to his children,
who may not be taxed at all. Testamentary Trusts are especially valuable if you feel sure your child would use the inheritance to earn investment income.
Family Trusts are frequently established to hold shares of
a corporation owned and controlled by a taxpayer. The Trust is always discretionary in nature, meaning the income earned by the
Trust can be divided among several beneficiaries as the trustee, in his sole discretion, decides. The beneficiaries are invariably the trustee and spouse and children.
Family Trusts are especially advantageous for parents of
adult dependent children. It is possible to make allocations
of income to an adult dependent child and not pay it to the child.
Mineral Trusts can be established so that the taxable
income from future production can be spread among several
beneficiaries through a discretionary trust. This allows the
oils and gas interest to e taxed at much lower marginal rates than
the person establishing the trust.
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