Manitoba Estate Planning Package

Set up an Irrevocable Discretionary Trust with this template trust deed for Canada.

• A discretionary trust is also called a blind trust because the beneficiary has no information about the assets in the trust or how the trust is administered.
• The settlor (the person setting up the trust) is the sole beneficiary of the trust and cannot act as a trustee.
• The division date will occur either upon the death of the beneficiary or on the 21-year anniversary of the establishment of the trust, whichever is earlier.
• The settlor reserves no powers or rights, and shall receive no benefits, income or capital of the trust fund in his/her capacity as settlor.
• This trust cannot be revoked.
• During the lifetime of the settlor, no income or capital of the trust shall be distributed to the settlor's spouse or a minor child of the settlor unless the distribution does not result in attribution of income or gain to the settlor under the Income Tax Act (Canada).
• This Irrevocable Discretionary Trust Deed is a good strategy to use when it's important that the beneficiary not be aware of what assets are held in the trust so as to avoid any claims of conflict of interest.

Keep your estate assets out of probate by setting up a living trust under this Revocable Trust Deed form for Canadian residents.

• The trust can be used to hold many kinds of assets including cash, real property, personal property, stocks and bonds.
• The trustees can use cash held in the trust fund to pay taxes, mortgage payments, maintenance and other costs associated with any real estate properties that form part of the trust assets.
• The beneficiaries can use and enjoy any real property held in trust until the division date (i.e. the date on which the trust assets are distributed and the trust is wound up).
• The trustees are authorized to divide and distribute any share of the trust in order to ensure that taxable capital gains required to be paid by the trust are kept to a minimum.
• The trustees are given specific instructions for handling payments to be made to minor beneficiaries or beneficiaries who are incapacitated.
• Trustees must disclose any potential conflict of interest and refrain from voting on any decisions which may put them in a position of conflict.
• The trustees are indemnified and held harmless against claims and losses arising from their acting in good faith as a trustee.
• This is a revocable trust which can be revoked by the trustees in their discretion.
• The package includes:
  • a Consent of Trustee form which should be signed by each trustee and successor trustee at the time they accept the appointment,
  • a Resolution of the Trustees to establish the trust,
  • a Trustees Register.
• Available in MS Word format.
• The Trust Deed template can be used in most provinces and territories of Canada. Some jurisdictions, such as Quebec, may require a French translation.

Learn about the trust structure in Canada in this free expert guide.

The guide provides an overview of the structure of a trust, the advantages of a tax structure as a vehicle for income splitting and tax planning for residents of Canada, and the characteristics of specific types of discretionary trusts, such as:

• spousal (family) trusts;
• trusts for minor children;
• trusts for adult children;
• trusts for long-term maintenance of a handicapped child;
• spendthrift trusts.

The Trust Structure in Canada is information for Canadian residents and is copyright by the author.