trust

: a trust in which principal and income are allowed to accumulate rather than being paid out

Note: Accumulation trusts are disfavored and often restricted in the law.

: a trust in which legal title remains in the trustee who has a duty to act affirmatively (as in exercising control, discretion, and judgment) with regard to the property — compare passive trust in this entry

: a trust created often in accordance with a separation agreement in which property is transferred to the trust as a source of support for a divorced spouse with a remainder to someone else

: totten trust in this entry

: a trust that is created for the purpose of making profit and that is usually characterized by some kind of commercial activity, transferable certificates of interest, existence continuing after the death of beneficiaries, limited liability, legal title in the hands of trustees, and officers having duties of management

— called also common-law trust, Massachusetts trust

Note: A trust that qualifies as a business trust is eligible for bankruptcy protection under chapter 13 of the Bankruptcy Code.

: a trust in which a spouse leaves his or her estate upon death to a trust naming the surviving spouse as beneficiary usually with remainders to children or other descendants

— called also bypass shelter trust, credit shelter trust, shelter trust

Note: The purpose of a bypass trust is to reduce the surviving spouse's taxable estate. Such trusts do not qualify for the marital deduction.

: a trust in which a charity is named as the beneficiary for a period of time after which named individuals succeed as beneficiaries

: a charitable remainder trust in which the named beneficiaries receive a fixed payment of not less than five percent of the fair market value of the original principal over the course of a specified period after which the remaining principal passes to charity

: a trust in which individuals are named as beneficiaries to receive income for a period of time (as the lifetimes of the beneficiaries) after which the principal passes to charity

Note: Charitable remainder trusts qualify for tax exemptions under section 664 of the Internal Revenue Code.

: a charitable remainder trust in which the named beneficiaries receive payments of a fixed percentage and not less than five percent of the value of the trust assets as determined annually for a specified period after which the remainder passes to charity

: a trust created for the purpose of performing charity or providing social benefits

Note: Unlike most trusts, a charitable trust does not require definite beneficiaries and may exist in perpetuity.

: a grantor trust lasting at least ten years with income payable to a beneficiary and principal reverting to the settlor upon termination

Note: Prior to the Tax Reform Act of 1986, a Clifford trust could be used to divert income from the settlor, who was in a higher tax bracket, to a beneficiary, often a child, who was in a lower tax bracket. A settlor is currently treated as the owner of any portion of a trust in which he or she has a reversionary interest, and taxes are calculated at the settlor's rate.

: business trust in this entry

: a trust under which any or all income does not have to be distributed and principal may be distributed — compare simple trust in this entry

: bypass trust in this entry

: a trust which allows a donor to place a gift in trust while qualifying for the gift tax annual exclusion by giving the beneficiary an immediate right to the gift for a limited time after which it can only be accessed under the terms of the trust

: a trust that gives the trustee authority to exercise his or her discretion in distributing principal or income to the beneficiary

: passive trust in this entry

: a trust in which nothing is left to be done by the trustee but preserve the property and execute the purpose of the trust

: a trust in which the settlor or trustee has duties to perform (as securing the property, ascertaining the objects of the trust, or making distributions)

: a trust intentionally created by the settlor specifically : a trust created by a positive act of the settlor and set down in writing that expresses the intention to create a trust, identifies the property to be placed in trust, and names beneficiaries

: a trust in which the principal goes to a skip person usually following payment of income for life to a non-skip person : a trust created by a generation-skipping transfer of property in trust

: an irrevocable trust in which the grantor retains the right to a fixed annuity for a set term of years after which the trust assets transfer to the beneficiary

: an irrevocable trust in which the grantor retains the right to all income for a specified term or for whichever comes first of a specified term or death after which the trust assets transfer to the beneficiary

: an irrevocable trust in which the grantor retains the right to receive annually a percentage of the fixed net fair market value of the assets for a specified term after which the trust assets transfer to the beneficiary

: a trust that is taxed at the settlor's tax rate because the settlor has the power to control the beneficial enjoyment of the trust, retains a reversionary interest in the trust, has administrative powers over the trust, has the power to revoke the trust, or benefits from the income of the trust

: a trust that is created for a purpose which is not charitable and that names no specific beneficiary

Note: An honorary trust may be upheld where allowed by statute if its purpose (as for the care of an animal or grave) is sufficiently clear. An honorary trust is subject to the rule against perpetuities, however.

: land trust in this entry

: a trust arising by operation of law when the circumstances of a transaction imply the creation of a trust that is not expressly created by the parties and especially when a trust is necessary to avoid an inequitable result or to prevent fraud

: an insurance trust created as a retirement plan in which individual life insurance policies are purchased for employees and held in trust by the employer to fund the plan

: a trust in which the principal consists of an insurance policy or its proceeds

: a trust that becomes effective during the lifetime of the settlor

— called also living trust

: a business trust that is a closed-end investment company

: implied trust in this entry especially : constructive trust in this entry

: a trust that cannot be revoked by the settlor after its creation except upon the consent of all the beneficiaries

: a trust created to effectuate a real estate ownership arrangement in which the trustee holds legal and equitable title to the property subject to the provisions of a trust agreement setting out the rights of the beneficiaries whose interests in the trust are declared to be personal property

— called also Illinois land trust, naked land trust

: inter vivos trust in this entry

: a marital trust created in order to qualify for the marital deduction especially : power of appointment trust in this entry

: a testamentary trust naming a surviving spouse as the beneficiary — see also marital deduction trust and power of appointment trust in this entry

: business trust in this entry

: land trust in this entry

: passive trust in this entry

: a trust created for the purpose of holding property for beneficiaries whose identities are kept secret

: a trust created by the settlor's spoken statements especially for the purpose of transferring real property as part of an agreement between the settlor and the trustee

: a trust or use under which the trustee has no duties to perform : a trust in which legal and equitable titles are merged in the beneficiaries

— called also dry trust, naked trust

: a trust that receives the assets that make up its principal by operation of a testamentary disposition to it usually of the residue of an estate or from another trust upon the settlor's death

: a marital trust that provides a surviving spouse with a life estate in property and a power of appointment allowing appointment of the property to the surviving spouse or to his or her estate

Note: A power of appointment trust made in accordance with Internal Revenue Code section 2056(b)(5) qualifies for the marital deduction.

: a trust that attempts to shield assets from the beneficiaries' creditors by providing that it is within the trustee's discretion to refuse to pay a beneficiary or that a beneficiary forfeits his or her interest in the trust upon a creditor's attempt to reach it

: a resulting trust arising where not abolished by statute when property is purchased with title in the name of one person but using the money of another

: a trust to which qualified terminable interest property is transferred for purposes of taking the marital deduction

: a trust that is either a charitable remainder annuity trust or a charitable remainder unitrust

: a business trust similar to a closed-end investment company except that it invests in real estate either as an owner having equity in the property or as a lender holding mortgages on the property

: an implied trust based upon the presumed intentions of the parties as inferred from all the circumstances that the party holding legal title to trust property holds it for the benefit of the other — compare constructive trust in this entry

: a trust over which the settlor has retained the power of revocation

: totten trust in this entry

: bypass trust in this entry

: a trust under which all current income must be distributed and no principal may be distributed

: a trust that is created for the benefit of a spendthrift who is paid income therefrom and that cannot be reached by creditors to satisfy the spendthrift's debts

: totten trust in this entry

: a trust created in a will to be effective upon the settlor's death

: a trust created by a deposit in a bank by one person as trustee for another that is revocable until the death of the depositor

— called also bank account trust, savings bank trust, tentative trust

: constructive trust in this entry

: constructive trust in this entry

: constructive trust in this entry

: a trust from which the beneficiary receives annually a fixed percentage of the net fair market value of the trust assets

: a trust operating as a vehicle for investment whose portfolio consists of long-term bonds that are held to maturity

: a trust created by the transfer of legal title to shares of stock to a trustee or trustees who exercise the corporate voting rights conferred by ownership of the shares as agreed in the trust instrument

Note: The shareholders transferring legal title to their shares retain the equitable title and continue to receive dividends and other distributions. They also receive certificates as evidence of their interest in the trust, which provides the holder with the rights of a shareholder except for voting rights.