At the intersection of incorporation-by-reference doctrine in the testamentary context and trust jurisprudence are several traps for unwary estate planners and trial lawyers. The doctrine sets forth ...

Trusts are described in multiple ways, including: living or testamentary, revocable or irrevocable and grantor or non-grantor. These terms are not always mutually exclusive. A trust can be living, ...

I recently helped an executor administer an estate that poured over to an unfunded revocable trust. Although the decedent failed to use the trust to avoid probate, the trust made probate easy. The ...

Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Ebony Howard is a certified public accountant and a QuickBooks ProAdvisor tax expert. She ...

A testamentary trust, also sometimes referred to as a will trust, is a commonly used trust when it comes to estate planning. Unlike an inter-vivos trust which comes into existing during the lifetime ...

The ATO's draft determination would mean people aren't entitled to a capital gains tax exemption where their right to live in the home is through a testamentary trust. (Source: AAP/Getty) Currently, ...

In Private Letter Ruling 201444003 (released Oct. 31, 2014), the Internal Revenue Service determined that a testamentary power of appointment (POA) didn’t constitute a general POA under Internal ...

Providing for the next generation is a key concern for many clients. Mark Gleeson takes a look at core testamentary trusts and child pensions. Estate planning is a critical part of holistic financial ...

“Say not you know another entirely till you have divided an inheritance with him,” said Swiss poet Johann Kaspar Lavater. To be sure, conflicts in claiming inherited properties and sums of money often ...

Far-reaching tax law changes to curb the avoidance of estate duty may have created the impression that trusts are no longer relevant. Section 7C of the Income Tax Act that took effect on March 1, 2017 ...