What is a testamentary trust?

A testamentary trust is a type of trust created through a will or other written document. It is a legal agreement that allows an individual to set aside assets for the benefit of another. This type of trust is typically used for estate planning purposes in South Carolina. A testamentary trust is set up through the will of the deceased and is effective upon their death. The trust can include both real and personal property such as cash, investments, and real estate. The grantor of the trust, often referred to as the creator of the trust, can name a trustee to manage the trust assets. The trustee is responsible for carrying out the provisions of the trust agreement and distributing the assets according to the grantor’s wishes. The primary benefit of establishing a testamentary trust in South Carolina is that it allows the grantor to specify exactly how the assets should be used after their death. For example, a trust can be set up to provide financial support for a minor child, a disabled person, or any other beneficiary. Another advantage of establishing a testamentary trust is that it can help reduce the amount of estate taxes that would have been otherwise due upon death. Assets held within the trust are not included in the estate of the deceased and are not subject to the estate tax. In South Carolina, testamentary trusts must also adhere to the relevant state laws and trust provisions when created. Generally, these provisions require the trustee to manage the trust assets according to the terms specified by the grantor. The trust must also be monitored by the trustee to ensure the terms are followed and that the trust documents are updated as needed.

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What is a testamentary trust?

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