| Irrevocable
vs. Revocable If
you are going to be starting a living trust, it will usually
be set up for you as a revocable trust. This allows you
to retain the option to alter the terms of the trust as
you see fit down the road, and you may even cancel it outright
before your assets are distributed, if anything should
come up to give you reason to do so.
Having your trust set
up this way allows you the most flexibility and gives
you a way to respond to changes that may arise
in your financial or personal situation. If ever you need
immediate access to your funds in the future, or simply
find yourself wanting to make slight changes to the original
terms,
a revocable trust will give you the freedom to do so.
However,
there is a downside to all this flexibility. Revocable
trusts do not enjoy the same tax benefits as irrevocable
trusts do. This is a legal condition that limits the
usefulness of revocable trusts as a tax savings measure.
Your entire
estate is subject to the usual taxes if your assets are
held in a revocable trust fund.
If you prefer to maximise
the tax savings potential of a trust, your best option
is to set up an irrevocable
trust. The irrevocability of such an arrangement is
enforced by
the legal condition that the testamentary trust can
only be created after the settlor of the trust has died.
Obviously,
as the deceased will not be available for any form
of comment at this juncture, the possibility of alterations
or cancellation
of the trust on the settlor's behalf are rendered moot.
Aside
from tax benefits, revocable and irrevocable trusts share
similar characteristics and advantages
for the
settlor. Whether you have set up your trust to be
revocable or irrevocable,
you will enjoy the benefits of control, confidentiality,
convenience and the peace of mind that comes from
knowing that your beneficiaries will be taken care of financially,
according to your wishes, when the time comes. |