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Topic: Settlor


In the News (Thu 24 Dec 09)

  
  LIVING TRUST AGREEMENT   (Site not responding. Last check: 2007-11-03)
Settlor reserves the right at any time, by deed, will, or otherwise, to add to the principal of the trust estate created herein and any property so added shall be held, administered, and distributed under the terms of this agreement.
The Settlor shall also be deemed to be disabled for purposes of this agreement upon the determination of a court of competent jurisdiction that the Settlor is incompetent, incapacitated or otherwise legally unable to effectively manage the Settlor's property or financial affairs.
So long as the Settlor's spouse is residing in such residence the Trustee(s) shall, to the extent they deem reasonable in their sole and absolute discretion, pay all of the property taxes, assessments, liens, insurance, repairs, and other charges or amounts necessary for the general upkeep and reasonable improvement of the residence.
freedomlaw.com /blnktrus.htm   (6269 words)

  
 Revocable Living Trust - Free Legal Form
Settlor desires to create a revocable trust of the property described in Schedule A hereto annexed, together with such monies, and other assets as the Trustee may hereafter at any time hold or acquire hereunder (hereinafter referred to collectively as the "Trust Estate") for the purposes hereinafter set forth.
Upon death of the Settlor, or the last surviving Settlor if more than one, the remaining Trust assets shall be distributed to the beneficiaries in the proportionate or allocable amounts as are specified in the schedule of beneficiaries, hereto annexed as Schedule B, as may then be in force.
If any beneficiary and the Settlor should die under such circumstances as would render it doubtful whether the beneficiary or the Settlor died first, then it shall be conclusively presumed for the purposes of this Trust that said beneficiary predeceased the Settlor.
www.ilrg.com /forms/trustrev.html   (1194 words)

  
 How asset protection works, asset protection trusts, hypothetical 1
Finally, assume that the settlor is sued and four years later on January 3, 2004, the judgment debtor receives a judgment of $25,000,000, one million of which is covered by the settlor's errors and omissions insurance.
Further, the settlor's attorney, in furtherance of his responsibilities as a Member of the Committee of Trust Advisors (aka "Protectors") has already notified the trustee in the Cook Islands of the judgment which automatically triggered the duress provisions of the trust.
With respect to this issue in a bankruptcy proceeding, the settlor might advance an argument pursuant to section 541 of the Bankruptcy Code that the trust proceeds are not properly included in the estate.
www.assetprotectioncorp.com /hypothetical1.html   (1807 words)

  
 Taxes Acts 2001 - 2002 Vol.4 Taxation of Chargeable Gains Act 1992 Part III TCGA92/S[77 - Charge on settlor with ...
(b) the settlor or his spouse enjoys a benefit deriving directly or indirectly from any property which is comprised in the settlement or any derived property.
where the spouse dies, or the settlor and the spouse cease to be married, during the year.
(7) This section does not apply unless the settlor is, and the trustees are, either resident in the United Kingdom during any part of the year or ordinarily resident in the United Kingdom during the year.
www.hmrc.gov.uk /taxes_act_2001/vol04/tcgapt03/tcgapt03-22.htm   (707 words)

  
 Eugene F. Martha   (Site not responding. Last check: 2007-11-03)
Dr. Wolf further testified that the settlor was not of sound mind on December 16, 1992, when she executed the Trust amendment in a smuch as she then was incapable of understanding the nature or extent of her property because "the poor lady was not in command of her faculties" (A.278;291;302-303).
As the settlor's attending or treating physician from 1989 through 1996, Schwartz concluded with a reasonable degree of medical certainty that the settlor was not mentally competent when she signed the Trust amendment on December 16, 1992(A.222-225).
Because the settlor's amendment is testamentary in nature, the burden of proof concerning the settlor's mental soundness when she executed the amendment was on Eugene, the party relying upon that instrument.
www.certworthy.com /martha.htm   (4821 words)

  
 HowTo Understand Trusts
A trust is the legal relationship created when a person (the "settlor") places assets under the control of a person (the "trustee") for the benefit of some other person or people (the "beneficiaries") or for a specified purpose.
The value of income-earning assets given to the trust would be owed by the trustees to you, the settlor, and that debt could be repaid by the trustees; as repayments, they would be capital and therefore be tax free.
Appointment of the settlor as one of the trustees
www.howtolaw.co.nz /html/ml025.asp   (2237 words)

  
 [No title]
While the settlor of an irrevocable trust ordinarily has no continuing rights except for a right to terminate the trust with the beneficiaries' consent (see Section 2-202), under the Act the settlor of an irrevocable trust may also petition for removal of the trustee or for an order preventing the beneficiaries from terminating the trust.
Oral statements, the settlor's family circumstances, and, to the extent the settlor was otherwise silent, rules of construction, all may have a bearing on determining a trust's meaning.
The consent of the settlor or trustee is not required, although the settlor or trustee may petition the court to prevent the termination or modification if the change will violate a material purpose of the trust.
www.law.upenn.edu /bll/ulc/uta/trust197.htm   (18026 words)

  
 DRAFT   (Site not responding. Last check: 2007-11-03)
In determining the settlor's probable intent, the court may wish to consider the current and future community needs in the general field of charity for which the trust was created, the settlor's other charitable interests, and the value of the available trust property.
Subsection (a), which provides that a settlor may revoke or modify a trust unless the terms of the trust expressly state that the trust is irrevocable, is contrary to the common law of trusts.
An individual settlor of such a trust may revoke the portion of the trust attributable to that settlor's contribution but may modify the trust only upon the joint action of all of the settlors.
www.law.upenn.edu /library/ulc/uta/trust198.htm   (16515 words)

  
 Sutton Law Center PC - Professional Incorporation Services   (Site not responding. Last check: 2007-11-03)
In an attempt to provide Settlors a way to benefit from assets held in trust without having to give up complete control and benefit from the trust assets, some foreign jurisdictions created laws that allowed a Settlor’s assets in a self-settled trust to be protected from the Settlor’s creditors.
A creditor who was not a creditor of the Settlor at the time the Settlor made the transfer to a NAPT must commence an action to challenge the transfer within two years of the transfer.
Because the Settlor retains powers and controls in the trust, the trust is treated as a grantor trust for tax purposes which means that all items of income and loss of the trust pass through and are reported by the Settlor on the Settlor’s tax return.
www.sutlaw.com /nvapt.php   (1582 words)

  
 What is a Trust?   (Site not responding. Last check: 2007-11-03)
The Settlor is the person or persons who give their assets to the Trustee and thereby transfers the legal ownership of those assets to the Trustee.
The Trustee has a duty to insure that the wishes of the Settlor as stated in the Trust Deed (and perhaps subsequently expanded upon in a Letter of Wishes or by verbal instruction) are carried out and to administer the assets of the Trust Fund in the interests of all of the beneficiaries.
Continued control of the assets by the Settlor after the supposed establishment of the Trust may be seen as the biggest threat to the very existence of a Trust.
www.lesstax4u.net /what_is_a_trust1.htm   (3057 words)

  
 Brazil Indiana Estate Planning Attorney Probate Administration Lawyer
Trusts enable the settlor to determine who receives the trust property, when they receive it, and what conditions must be met before the trust property is distributed.
The main disadvantage of a living trust is that the settlor loses some flexibility and control over his or her property and funds.
The major advantage of a testamentary trust is that the settlor retains absolute control over his or her assets.
www.brownandsomheil.com /Estate.shtml   (1345 words)

  
 Frequently asked questions   (Site not responding. Last check: 2007-11-03)
If the viator or life settlor dies at any time prior to the end of the rescission period, the viatical or life settlement contract shall be deemed to have been rescinded.
Such additional death benefits shall remain payable to the beneficiary last named by the viator, life settlor, or owner, not including the viatical or life settlement provider, or in the absence of a beneficiary, to the estate of the viator, life settlor, or owner.
No person shall contact the viator, life settlor, owner, or designee for determining the health status of a viator or life settlor as provided in §3.1709(c)(5) and (6) of this subchapter, unless that person is registered as a viatical or life settlement provider, provider representative, or broker in this state.
www.viatical.org /Regulation/Texas_reg.htm   (10331 words)

  
 Henley & Partners - What is a Trust? International Trusts, trust company, trustees, trust beneficiaries, settlor, ...
A trust is a legally binding arrangement whereby a person (the settlor) transfers assets to a trustee (or trustees) who is entrusted with and takes legal title to those assets, and holds them for the benefit of named individuals or groups (the beneficiaries).
The settlor usually provides the trustees with a "letter of wishes", which is a guide as to how he would like them to deal with the trust assets, both during his life time and following his death.
The settlor may also be a beneficiary and, in normal circumstances, his or her wishes would be viewed sympathetically (see Letter of Wishes, above).
www.henleyglobal.com /trust2.htm   (962 words)

  
 MODULE 3   (Site not responding. Last check: 2007-11-03)
Settlor must be capable of transferring the assets and must have the legal title vested in him.
Settlor must have the capacity to hold and transfer legal title – a personal capacity in that he is over 18 and a proprietary capacity.
Settlor MUST constitute the trust by completing the transfer of the legal interest in the trust assets to the trustees.
www.kirstygriffiths.ch /Law-Trusts-STEP-module_3.htm   (1571 words)

  
 Offshore Banking and Offshore Trading Resources Offshore Introduction Offshore Introduction Offshore 10 Commandments ...
The trustee cannot be a pawn of the settlor or there is basis for the argument that there never was a complete renouncement of the assets.
The deadline after which a party claiming to be injured by the settlor may (should) no longer file an action to recover his or her damages.
The true grantor is not the true settlor, and his or her identity is kept quite private by the trustee.
www.turtletrader.com /og.html   (2638 words)

  
 Section 456-005-5Creditor's claim against settlor.   (Site not responding. Last check: 2007-11-03)
Whether or not the terms of a trust contain a spendthrift provision, during the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.
(b) The settlor was one of a class of beneficiaries and retained a right to receive a specific portion of the income or principal of the trust that was determinable solely from the provisions of the trust instrument.
www.moga.state.mo.us /statutes/C400-499/4560050505.HTM   (540 words)

  
 Inland Revenue Comrs v Eversden and another [2002] EWHC 1360 (Ch)   (Site not responding. Last check: 2007-11-03)
In 1988 under a discretionary settlement and subject to a power of appointment to a class of beneficiaries that included the settlor, trustees were to pay the trust income to the settlor's husband during his life and after his death to the class of beneficiaries including the settlor.
The settlor then conveyed a property for the trustees to hold as to 5% for her absolutely and as to 95% on the trusts of the settlement.
The revenue's notices were issued on the basis that s 102(3) of the 1986 Act deemed the trust fund to form part of the settlor's estate because at the time of her death it was held on discretionary trusts which included her, as the settlor, and because she had occupied the new property.
www.lawreports.co.uk /chanjulb0.1.htm   (703 words)

  
 Shaftellaw.com:
Therefore, even though a creditor is able to obtain jurisdiction over the settlor in the settlor's state of residence, and then subsequently obtain a judgment against the settlor, this does not allow the creditor to reach the DAPT assets.
The rationale for this “rule” is that a settlor would not give away assets which the settlor knew with some certainty that he or she would need in the future, unless the settlor also knew that he or she could get the assets back.
If the settlor's interest applied to all the trust assets and I.R.C. § 2036 were held to apply, the assets would all be included in the settlor's gross estate.
www.shaftellaw.com /article21.html   (13950 words)

  
 Offshore Trusts Asset Protection SWISS OFFSHORE GROUP
The main purpose of an offshore trust is to protect the assets of the settlor against financial disaster which may be caused by excessive death duties, a spendthrift family member, marital or family breakdown, mismanagement of business ventures, contingent creditors and political risk.
It enables the settlor to make confidential provisions for himself or his family in a tax efficient manner during his lifetime or upon death, by divesting himself of income and assets to a trustee who will hold and administer them in a tax free jurisdiction such as Antigua and Barbuda.
Trusts allow the continued administration of property after the settlor's death in the way that he has requested and thus it relieves him of fears that the estate will be squandered away upon his death.
www.finemint.com /offsh_trust.html   (1485 words)

  
 What is a trust?
The settlor: the person (or people) who makes the initial transfer of property, which may be as little as $1, to the trustees of the trust.
A settlor can choose to be a trustee of his or her own trust.
That will be regarded as an asset owned by the settlor but any increase in the value of the asset sold to the trust belongs to the trust and not to the settlor personally.
www.nz-lawsoc.org.nz /general/lap/Trust.htm   (2071 words)

  
 14-7705 - Settlor as beneficiary; exception   (Site not responding. Last check: 2007-11-03)
A. If the settlor is a beneficiary of a trust created by the settlor and the settlor's interest in the trust is subject to a provision restraining the voluntary or involuntary transfer of the settlor's interest, the restraint is invalid against transferees or creditors of the settlor.
Powers, duties or responsibilities granted to or reserved by the settlor pursuant to the trust and any actions or omissions taken pursuant to the trust are deemed to be the powers, responsibilities, duties, actions or omissions of the settlor and not those of its directors, officers, shareholders, partners, employees, beneficiaries or agents.
G. A beneficiary of the trust is not a settlor merely because of a lapse, waiver or release of the beneficiary's right to withdraw a part of the trust property if the property that could have been withdrawn by exercising the right of withdrawal that lapsed, was waived or was released either:
www.azleg.state.az.us /ars/14/07705.htm   (415 words)

  
 Frequently asked questions   (Site not responding. Last check: 2007-11-03)
This definition recognizes that, in some instances, the owner and viator or life settlor may not be the same person under the policy.
The term does not include a viatical settlement provider that assigns, sells, or otherwise transfers a policy that it has purchased from a viator and owner.
--The mean number of months a viator or life settlor can be expected to live as determined by the viatical or life settlement provider considering medical records and appropriate experiential data.
www.viatical.org /key_defs/Texas_defs.htm   (154 words)

  
 Utah Code Section 25-6-14
The provision shall be considered to be a restriction on the transfer of the settlor's beneficial interest in the trust that is enforceable under applicable nonbankruptcy law within the meaning of Section 541(c)(2) of the Bankruptcy Code or successor provision.
(xi) the claim is a judgment, award, order, sentence, fine, penalty, or other determination of liability of the settlor for conduct of the settlor constituting fraud, intentional infliction of harm, or a crime.
(c) any beneficiary, including the settlor, may retain a distribution made by exercising a trust power or discretion vested in the trustee of the trust, if the power or discretion was properly exercised before the commencement of the action or proceeding to void or set aside the trust or property transfer.
www.le.state.ut.us /~code/TITLE25/htm/25_02015.htm   (1026 words)

  
 settlor and Stock Trading at TradeStars + Stock Trading   (Site not responding. Last check: 2007-11-03)
settlor and stock trading - the top source for settlor from the best source with ultra-safe traders methods.
Even the biggest banks in the world can only maintain a tenuous grip on something as that their stocks will continue climbing or falling in value for settlor the seconds to minutes they own the stock, allowing industry and summarizes the legal actions brought to date.
Youll find that report and other information about National Association of settlor Securities Dealers, Inc. has issued several press releases on settlor.
www.tradestars.com /content/settlor.asp   (172 words)

  
 CC/JC Series Underwriting Guidelines   (Site not responding. Last check: 2007-11-03)
Grantor/Trustor/Settlor: The person(s) who established or created the Living Trust and contributed the property directly to the trust.
The use of the term grantor, trustor, or settlor depends on the state where the Living Trust was created or originated.
Inter Vivos Revocable Trust: Inter Vivos is the Latin term for "between the living".
www.ampromc.com /vLoanLibrary/CG/CGUG.htm   (14236 words)

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