trusts, inheritances & estates

Capture Doctrine: Trusts

The capture doctrine is a theory in trust law that exists in a few US states. If there exists evidence that the donee of a power of appointment intended to exercise control over the appointive assets, even if the exercise of the power was invalid or...

Causa Mortis

A Latin term referring to the awareness that death is approaching. In property law, when a party, acting with awareness that their death is approaching, gives something to another party, the resulting gift is known as a gift causa mortis.

Certificate of Trust

See Abstract of Trust.

Certification of Trust

See Abstract of Trust.

Charitable Lead Trust

A charitable trust in which the income from the trust is used for a charitable purpose, and the body of the trust property will later revert back to the original donor (or another person specified - typically their children or grandchildren).

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Charitable Remainder Annuity Trust

A form of charitable remainder trust in which the trustee pays the income beneficiary a fixed amount each year.

Compare to Charitable Remainder Unitrust.

Charitable Remainder Trust

A irrevocable charitable trust in which the income from said trust goes to the donor (or a specified beneficiary), and the body of the trust property will later go to a charity. This is used for tax savings - the IRS will allow a deduction in the year...

Charitable Remainder Unitrust

A form of charitable remainder trust in which the annual payment to the income beneficiary is based on a percentage of the trust.

Compare to Charitable Remainder Annuity Trust

Charitable Trust

A charitable trust is a trust made for the benefit of specific charitable purposes. The purpose of the trust must fall into one of the specific purpose categories or is it not valid. Charitable trusts are favored by the law. They do not have to have...

Charitable Trusts Purposes

A charitable trust qualifies for certain favorable treatment under U.S. law. For example, it is not subject to the rule against perpetuities and cannot fail for a lack of definite beneficiaries. To qualify as a charitable trust, the trust must have a...

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