The settlor, having established the trust has no power thereafter to amend. |
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Paragraph 91 of the Trust prohibits the settlor from ever participating in the capital of the Trust. |
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Accordingly any benefits derived by the settlor were not derived from the interests given. |
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If the settlor is to be a beneficiary of the trust, it would normally be a discretionary trust. |
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This is because, if the settlor can revoke the terms of the trust, a creditor can simply obtain a court order requiring him to do so. |
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Many jurisdictions will look through the trust and tax the settlor or beneficiaries directly. |
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The defendant was to be the settlor of the trust, and the plaintiff would be the trustee. |
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The domicile and residence of the settlor and the beneficiaries is also relevant. |
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By will or by deed of trust, a testator or settlor places property in trust to provide for his family after he is deceased. |
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This Article shall only apply to disputes among the trustee, settlor and beneficiaries of the trust. |
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The employer, as a settlor of the trust, may reserve a power to revoke the trust. |
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In the case of a First Nation trust, the settlor is the First Nation itself. |
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In case of a non Swiss-resident settlor or beneficiary, the applicable tax treaty determines the right for a full or partial refund. |
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A testamentary trust is created by a will and arises after the death of the settlor. |
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This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, or deceased. |
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The settlor has much discretion when creating the trust, subject to some limitations imposed by law. |
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Unless otherwise provided by law or other stipulations, the handing over to the creditor of the deed recording the existence of the right shall dispossess the settlor. |
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Thus, a formally irrevocable trust could be re-characterized into a revocable trust if the settlor is as a matter of fact administering the trust, for instance in the capacity of protector enjoying vast powers over the trust. |
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The person who puts in the money is called the settlor of the trust while the person who gets the money is the beneficiary. |
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How can the settlor be liable to tax on the property if he no longer owns it? |
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Transmission of the assets to the beneficiaries does not give rise to inheritance tax on the death of the settlor or founder, or if new beneficiaries are substituted for those no longer alive. |
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Confusingly, ownership is split: the trustee is the legal owner, while the beneficiaries or the settlor, or both, can at different times exercise beneficial ownership or control who gets the money. |
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Trusts-A trust is created when one party, the settlor, transfers legal ownership of property to another party, the trustee, for the benefit of a third party, the beneficiary. |
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In either case, the secured creditor shall receive the amount of the pledged claim subject to being answerable, as proxy, for any surplus received on behalf of the pledge settlor. |
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Changes to the content of the Fideïcomís can be made by the settlor during his or her lifetime, and can also be altered in the settlor's will if so provided in the Memòries de Confiança. |
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If the beneficiaries, but not the settlor, are domiciled in Switzerland, one must pay specific attention to trust distributions, by distinguishing between distributions of trust income, capital gains or trust capital. |
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For a trust, the trustee, settlor and beneficiaries must be named. |
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The convenor of the Management Committee will be nominated by the Settlor. |
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