A Dynasty Trust is a type of trust fund that is designed to allow its grantor to pass their wealth from generation to generation.
The beneficiaries of the trust are the descendants of the grantor. In addition to existing children and grandchildren, this would include generations and persons not yet born.
The terms of the trust will be specified by the grantor and, as with most trust funds, a trustee is retained to handle the daily operations of the fund. The trustee’s role will also include the handling of all investments and distributions. It is not recommended that any beneficiary of this type of fund be assigned as trustee.
This type of trust fund is irrevocable, just like an irrevocable income only trust. Once funded, the grantor no longer has control of the assets and will not be able to access the assets or amend the trust terms.
All distributions of the trust fund are solely governed by the original terms set by the grantor. Distributions usually include funds required by a beneficiary for health, education and or maintenance and support. The designated trustee is responsible for assessing the needs of each beneficiary and making the appropriate distributions.
In theory, this type of trust is intended to last indefinitely or until the grantor has no further descendants. However, the trust is not required to last forever. In some cases, date limitations will be established by the grantor. If there is a balance remaining at the end of the time period, the trustee will distribute the funds as initially established by the grantor. These final distributions are often assigned to one or more charitable organizations.
A key feature of the Dynasty Trust is its term. The trust is intended to last in perpetuity or as long as the grantor of the trust has descendants. The unrestricted term is important since it provides a major incentive for the grantor in funding the trust as opposed to selecting other, shorter-term techniques.
There are several tax benefits to establishing a Dynasty Trust. These include the exemption of transfer taxes (including estate and gift taxes) and the Generation Skipping Transfer Tax (GSST). For complete details on the tax benefits, you would need consult with a tax expert.
Another appealing benefit is the protection this type of trust offers in regards to creditors. Once this type of trust has been established, creditors must wait until a beneficiary actually receives a distribution before they may attach any claim.
A Dynasty Trust has many advantages, not the least of which is establishing a legacy for your future descendants.
For complete details regarding this, or any other type of trust fund, you should consult with your legal professional.