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Uses of Trusts in Estate Planning - Stewart McKelvey

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What is a Trust? (Cont’d)<br />

• Personal family trusts are <strong>of</strong>ten discretionary –<br />

the trustee decides who among the<br />

beneficiaries receives <strong>in</strong>come and/or capital,<br />

how much each person receives and when<br />

• Investments by the trustees can be limited or<br />

expanded <strong>in</strong> the trust agreement or left to the<br />

“prudent <strong>in</strong>vestor” standard <strong>in</strong> the Trustee Act<br />

• <strong>Trusts</strong> are private (unlike a probated will) and<br />

so preserve confidentiality

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