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Medicare Beneficiary Analysis
Beginning in the 1970s, Medicare beneficiaries have been able to choose to receive their Medicare benefits through a private health plan instead of
through the federally managed fee–for–service program. In 2003, the Medicare Modernization Act termed this option "Medicare Advantage." In 2015,
31% of Medicare beneficiaries were enrolled in a Medicare Advantage Plan, although enrollment rates vary greatly by state and locale.
Medicare Advantage plans cover all services that traditional Medicare covers except for hospice and End–Stage Renal Disease (ESRD). When an
individual with Medicare Advantage elects the Medicare Hospice Benefit, all Medicare–covered services they receive while in hospice care are covered
by Original Medicare. This includes
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The Is The Entitlement Beneficiary?
Jared and Dad, please check out the following articles, information and analysis I am sharing with you. I feel compelled because I am concerned and I
care. I think it will take about 30 minutes of your time.
Western debt–based, consumption–driven societies have been living beyond their means for a very, very long time. For decades we have been
consuming, as a group of people, more than we have been producing and we 've been financing it by mortgaging our children 's future through national
debt and deficit spending. The question becomes, "How long can we continue to mortgage our children 's future and how many creditors are still
willing to buy that mortgage?" I think the reckoning is approaching when we have to answer those questions. So what is that reckoning going to
look like? Well, things like this require a painful cure and it needs to be decided who will end up on the short end of the stick. Will it be the
taxpayer? Will it be the entitlements beneficiary? Will it be the bond holder? The saver? My answer is yes. All of them and everyone.
The lender in me looks at the balance sheets of the major sovereigns in the world and the picture I see is not pretty at all. As a lender, I would not be
willing to lend to these governments. I assume that if I am acting rationally then most of the counter–parties and creditors out there eventually will act
rationally too. Which is not a comforting thought at all. Nearly 1 in 6 Americans receive food stamps.
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Three Certainty Requirement
This question require us to consider the three certainty requirements and the circumstances in which a valid trust is said to be properly constituted. The
general requirement to create a trust is that if the trust is properly constituted, it bind the settlor and be enforceable by the beneficiaries. On the other
hand, if the trust is not completely constituted, it will be ineffective as the general rule requires. Equity will not be able to help because of two of its
maxims "equity will not assist a volunteer" and "equity will not perfect the imperfect gift" . The court will be prevented from coming to the aid of a
volunteer beneficiary regardless of how undesirable the outcome might appear.
i. Is this a gift in favour of the sister or a trust in favour of his friends? If it is a trust, has the settlor sufficiently shown intention to subject the property
to a trust obligation? An express trust is created if only the settlor can show that he intended to subject the property to a trust obligation. It is necessary
for the settlor to show that he intend to create a trust instead of some other type of legal relationship, e.g. gift, a power or bailment.
As Megary .J. put it in Re Kayford Ltd, "the question is whether in substance a sufficient intention to create a trust has been manifested" . However, a
trust can be created ... Show more content on Helpwriting.net ...
To Brown– Wilkinson in 'Re Barlow's Will Trusts' "Friends' has a great range of meanings, indeed its exact meaning varies from person to person.
Some will include only those with whom they had been on intimate terms over a long period, others would include acquaintances who they liked.
Some would include people with whom their relationship was primarily one of business, others would no. Indeed, many people, if asked to draw up
a complete list of friends, would probably have some difficulty in deciding whether certain of the people they knew were really 'friends' as opposed to
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Family Discretionary Trust Case Study
Disadvantages: While there are, some huge focal points utilizing a Family Discretionary Trust, you should know about a portion of the impediments of
a Family Trust and consider whether these might exceed the favorable circumstances. 1.Misfortunes can't be conveyed. The trust structure can't convey
capital or income misfortunes to its recipients. Consequently, when a trust brings about a misfortune, recipients are not ready to balance that
misfortune against some other assessable loss, for example, pay, intrigue, profits and so on. (Lawyers, 2018) 2.Constrained Duration of the Trust.
Following 80 years of the creation date, or prior if the trustee chooses, the trust will "vest" or stop. This lead does not have any significant bearing to...
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Customers can have trouble seeing all terms of deed. 5.Recipients can be liable to complex PAYG estimations. 6.Trustees can be by and by
obligated for the obligations of the trust. The use of private trusts to avoid personal income tax ACOSS has since a long time ago contended for
charge change of private trusts to handle their utilization for imposing tax avoidance and evasion. With moves to change excessively liberal tax
reductions in superannuation and lodging long late and welcome, the time has come to likewise handle private trusts. (Acoss.org.au, 2017) Tax
avoidance utilizing private trusts is evaluated to cost the government in any event $2 billion in lost duties consistently, however not most this would
be recovered by assessing change as individuals may move to other tax shelters. 1.By Dividing salary with a relative on a lesser salary. If a trustee is a
high–income earner, he/she makes sure that they split the income in such a way that they end up paying less tax using discretionary trusts. For
example, if the investment is $200,000, the trustee will have 9 beneficiaries to split the income in such a way that it falls in the 2nd income tax
bracket where they should pay only 19% tax. (200,000/9= 22,222.2). This saves them from paying a higher tax rate if he/ she had appointed less than
9 beneficiaries. This could be done using discretionary trusts as the trustee has the freedom to appoint any number of beneficiaries and split the income
in any
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Case Study: Acting Trustee
1.1.It is incumbent on the Trustee to act as fiduciaries, in good faith, and in the best interest of this Living Trust 1.2.All decisions of the acting
Trustee, made in good faith, regarding the management of this Living Trust will be final and binding on all parties. 1.3.The above authority and
powers granted to the Trustee are in addition to any powers and elective rights conferred by state or federal law or by other provision of this Living
Trust and may be exercised as often as required, and without application to or approval by any court. 2.SUCCESSOR TRUSTEE 2.1.In the event of
the death or during any period of incapacity of the Trustee, Sheryl Brown Jones of Florida is hereby nominated and appointed as Successor Trustee. In
the... Show more content on Helpwriting.net ...
In the event that the acting Trustee concludes that the value of the Property is insufficient to justify the cost of administration and that the aggregate
value of the Property is less than $50,000.00 (USD), the acting Trustee may terminate this Living Trust after providing notice to the Qualified
Beneficiaries. Where the Living Trust is terminated under this section, the acting Trustee will distribute the Property in a manner consistent with and
as described in the distributions sections of this Living Trust. 10.ABSTRACT OF TRUST 10.1.The acting Trustee may execute an abstract of this
Living Trust (the "Abstract of Trust") and may present the Abstract of Trust to a financial institution as proof of the existence of this Living Trust.
The Abstract of Trust should not contain full details of the property holdings of the Living Trust nor should it name the Beneficiaries of the Living
Trust. Any person who is presented with an Abstract of Trust with regard to this Living Trust will be held harmless for relying on the Abstract of
Trust. 11.ADMINISTRATIVE PROVISIONS 11.1.This Trust has been accepted by the Trustee and will be administered in the State of Florida and its
validity, construction, and all rights hereunder shall be governed by the laws of that State and that State shall have exclusive jurisdiction to determine
any disputes which may arise
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Impact Of Curricula On Their Intended Beneficiaries
English 12– EO3
Fall 2015
Prof. Andrew
Essay two
SS: 1341
Prompt: Discuss the impact of Curricula on their intended beneficiaries as described in the readings of Jean Anyon and John Taylor Gatto.
American Citizens success is directly correlated to the quality of education they receive. The quality of education changes with location, and location is
determined by income. Even if by chance an individual is able to locate a viable institution. The curriculum may harm a child intellectual growth more
than it would stimulate it. John Taylor Gatto argues that standardized curriculum is boring our students, and crushing originality. While Jean Anyon
states that a person social class is a reflection of their schooling. Both pedagogues have experience in this field, and have looked closely at course work
and student teacher relationships. Ostensibly Gatto's and Aynon's publications intends to convey the flaws ingrained in the education system. It's
feasible to first examine each social class's academic curriculum in order to understand if schooling is thwarting success.
The working class makes up about 39 percent of the population. Families are placed in this category when their yearly earnings falls under fifteen
thousand dollars. Their jobs consist of labor that requires a minimal amount of analytical thinking. In working class schools students are trained to obey
instructions just as they would in working class jobs. The middle–class annually earns at least
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Exceptions Of Non Charitable Trust
Introduction to Non–charitable trust
Trusts can be widely categorized according to their objects, which are either purposes or persons. The purposes of trust can be either charitable or
non–charitable trust. A charitable trust is one whose purpose falls within the legal definition of charity. On the other hand, a non–charitable trust has a
purpose which falls outside the legal definition of charity. A non–charitable trust is not for the public. Non–charitable trust are beneficiary to people,
include the trust to further the purpose of club, association to a trust provide housing for native children being schooled off their reserve. A
non–charitable is a type of trust without ascertainable beneficiaries. Usually struck down by the court because the court thinks that this type of trust is
not enforceable by anyone. As a general rule, a trust would fail if there is no beneficiary to enforce it. In Re Astor's Settlement Trust, apart from
uncertainty, the gift failed on the ground that there was nobody that could enforce the trust. In Morice v Bishop of Durham, Sir William Grant stated
that: ... Show more content on Helpwriting.net ...
There are a number of exceptions to the invalidity of non–charitable trust. In order for a non–charitable trust to be valid, the purpose of the trust must
fall within the five exceptions. In the case of Re Endacott, it laid down the principle that a non–charitable trust is invalid if the purpose did not fit into
one of the exceptions. Gift must be limited to particular purposes.
Exception 1 : Specific animals
The first exception is the trust must be made for the specific animal. In the case of Re Dean, the trust was held to be valid despite the fact that no one
could enforce the trust, the purpose of the trust was for the maintenance of testator's horses and hounds for 50 years. This is typically where the settlor
wishes that his or her own pets are looked
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Essay Case 11-3
Case 11–3
Master of the Universe
TABLE OF CONTENTS
Statement of facts...................................................... 3 Question 1.............................................................. 5 Solution........................................................ 5
Question 2.................................................................... 6 Solution........................................................ 6 Question 3..............................................................
7 Alternatives................................................... 7 Solution........................................................ 8
STATEMENT OF FACTS Saturn and Venus, form Jupiter, a joint venture. Saturn owns 51 percent of Jupiter and Venus owns 49 percent of Jupiter. The
purpose of Jupiter is to own and operate organic clothing design and manufacturing facilities and sell organic ... Show more content on Helpwriting.net
...
Equity interests with or without voting rights are considered variable interests if the legal entity is a VIE and to the extent that the investment is at
risk..." Also, ASC 810–10–55–19 states as a general rule, assets and operations of an entity create its variability, meanwhile its liabilities and equity
interest absorb the variability. It also states that the variable interest absorb or receive the expected variability created by those assets, liabilities, or
contracts of a VIE that are not variable interests. Because Saturn Inc. and Venus Inc. have investments in the residual interest and debt securities of
Jupiter, both companies are variable interest holders of Jupiter.
QUESTION NUMBER 3
Who, if anyone, is the primary beneficiary and why?
ALTERNATIVES
Alternative 1 – Venus is the primary beneficiary of Jupiter.
The distribution of clothing and decisions related to distribution could be the most significant impact on the economic performance of Jupiter. Venus
has the obligation to absorb losses of Jupiter or the right to receive benefits from Jupiter and has the power to direct distributing activities of Jupiter that
could affect significantly Jupiter's economic performance.
Alternative 2 – Saturn is the primary beneficiary of Jupiter.
Saturn has the power to direct operating
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Beneficiary Research In Social Work
NOTES ON DAILY PROGRESS (today's progress, level of beneficiary participation and findings):
We meet with the RBT, the mother and with the staff members who attend the daycare center for the client, according to the previously agreed upon.
During the session, Marlon exhibited physical aggression, when he is observed to push, spit and snatch the element from another. As well as denial
of the task, given by the lack of compliance with the assigned tasks or instructions given after a delay of 5 seconds with a verbal "no" or participation
in any other behavior that is incompatible and/or topographically different from the task or instruction is given. He refuses to follow instructions with
his head as an escape method. Marlon has difficulty waiting
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Youyang Pty Ltd V Minter Ellison Morris Fletcher
Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484 Gleeson CJ, McHugh, Gummow, Kirby and Hayne JJ MATERIAL
FACTS: The appellant company (Youyang) was trustee of a discretionary trust formed in 1974 for the Hayward family. Minter Ellison Morris
Fletcher's (Minters) had been acting for EC Consolidated Capital Limited (ECCCL) since July 1991, all work in connection with the drafting of
the documents relating to the subscription for preference shares in ECCCL was dealt with by Minters. As part of the subscription agreement
Youyang deposited $500,000 in Minters trust account. Minters was entitled to release a section of the fund from the trust account to ECCCL for
the purchase of a bearer deposit certificate to be issued by Dresdner International Financial Markets (Australia) Ltd (DAL), which could then be
traded on the money market. When the certificate was obtained Minters then had the right to release the remainder of the funds to ECCCL based on
the subscription agreement. On the 24th of September 1993 a letter was sent by DAL addressed to ECCCL in confirmation of the payment of
$256,800 from Minters trust account for the term of 10 years with repayment of US $500,000 at maturity representing $256,800 principal and interest
of AUD 243,200. This letter was a sign of acknowledgement of indebtedness by DAL to ECCL rather than a bearer certificate, which was required. It
provided Youyang with no security against insolvency of ECCCL. Minters paid ECCCL the
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Liability For Violation Of Environmental Law
13. With respect to possible liability for violation of environmental law:
a. Inspect or investigate property the Trustee holds or has been asked to hold, or property owned or operated by an organization in which the Trustee
holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;
b. Take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or
indirectly by the Trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;
c. Decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of
environmental law;
d. Compromise claims against the trust that may be asserted for an alleged violation of environmental law; and
e. Pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;
14. Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;
15. Pay taxes, assessments, compensation of the Trustee and of employees and agents of the trust, and other expenses incurred in the administration of
the trust;
16. Exercise elections with respect to federal, state, and local taxes;
17. Select a mode of payment under any employee benefit or retirement plan, annuity, or
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Living Trust Benefits
Most people have heard the phrase, "living trust," but they wouldn't be able to verbalize a definition without getting confused. The living trust,
simply put, is another option to having a will. We can all agree that it's a good idea to have a written legal document distributing your assets at your
death. The question to discuss is whether that document should be a living trust or a will. Only about 20% of Americans have a living trust in place.
Should you be a part of that limited number? Or would it be better to stick with a will? Top 3 Benefits of a Living Trust: 1.A Living Trust Avoids
Probate – a living trust does not go through probate. This means a faster distribution of your assets to your heirs. With a will asset distribution
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The Modern Trust Law : The Shortcomings Of The Modern...
The modern trust law has its origin in the use (from the Latin ab apus) which was developed as the response of equity to the shortcomings of the
common law. A trust is very difficult if not impossible to define, but its essential elements are reasonably easily described and readily understood.
There is no statutory definition of a trust . It has been the courts that, over the years, have developed the rules relating to the trust, so all one can
do is provide a description of the trust, which reflects those rules and which enables people in a general way to know what is meant when talking
about a trust. This essay will consider the case of Re Baden No.2 and explain how the trust principles evolved and develop relating to the certainty
of objects. This essay will also analyse the different tests the Law Lords set out in relation to certainty of objects, for a discretionary trust. We will
discuss the advantages and disadvantages of each approach from the Law Lords and suggest the best way forward for the trustees when deciding
the proper approach to take in a discretionary trust. A trust is not a legal person, like an individual or a company, capable of owing property. For
there to be a trust, property must be subject to a trust, so the property will be owned by a trustee or trustees (who may be individual or companies) or
by a nominee on behalf of the trustee (though here the trustee's rights against the nominee may be regarded as property held by the trustee). Trust is
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Uniform Transfers To Minors: A Case Study
The provisions of this Article shall apply to each trust held under this instrument: 5.1.a.If at any time a beneficiary eligible to receive net income or
principal distributions is under legal disability, or in the opinion of the trustee is incapable of properly managing his or her financial affairs, then the
trustee may make those distributions directly to the beneficiary, to a lawful guardian of the beneficiary, or to a custodian selected by the trustee for the
beneficiary under a Uniform Transfers to Minors Act or similar applicable law, or may otherwise expend the amounts to be distributed for the benefit of
the beneficiary in such manner as the trustee considers advisable. As used throughout this instrument, the term "lawful guardian" ... Show more content
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If at any time after our deaths the trustee shall determine that the trust is of a size that is no longer economical to administer, the trustee, without
further responsibility, may (but need not) distribute the trust to those persons named in paragraph 4.4 above. 5.6.Notwithstanding any other provisions
contained in this instrument, all interests created by this Trust Agreement shall vest within the period prescribed by the rule against perpetuities, as
presently set forth in В§689.225, Florida Statutes. If any provision of this Trust agreement shall be construed to vest any interest later than that
period, that interest shall vest on the last day permitted without violation of the rule against perpetuities. 5.7.The compensation of a corporate or
professional trustee shall be in accordance with its schedule of fees as in effect at the time the services are rendered. Such compensation may be
charged to principal or to income or partly to each in the discretion of the trustee. In the event our respective estates are not subject to probate and no
personal representative is appointed, the trustee shall prepare and file, or cause to be prepared and filed, the federal estate tax return and such other
returns as may be necessary. For any such extraordinary services, the trustee shall receive additional
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Disadvantages Of International Trust Law
The International Trust Law (No. 69/1992) legislation facilitates the formation and administration of an international trust. The law built on the existing
Cyprus trust legislation of 1995 (The Trustees Law, CAP. 193). The amendment of Cyprus trust legislation introduces innovative provisions and
provides considerable incentives for the establishment of trusts in Cyprus. Furthermore, Cyprus becomes an attractive centre for international trusts. As
a result, new investment opportunities have emerged.
Trust is defined as a legal relationship created when an individual (the "Settlor") places assets under the responsibility and control of an individual (the "
Trustee") for the benefit of some other person or people (the "Beneficiaries") or for a particular purpose. That is ... Show more content on
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In the case of charitable or purpose trust then the duration is unlimited.
Confidentiality: Based on the Fiduciary Law, there is no requirement for the disclosure of the names of the Settlor, the Beneficiaries or the Protector.
Nonetheless, the Trustee is obliged to give the necessary information to the Supervision Body. The name of the Trust, the date of the establishment, the
date of termination, the name and the address of the Trustee are kept on a confidential basis.
Flexibility: Cyprus Law enables the removal of a trust from its jurisdictions and vice versa. That is to say, it is provided the necessary flexibility
whether a change of circumstances may necessitate this kind of transfer, for fiscal or other reasons.
Accumulation of Income: The Cyprus Law allows trust income to be accumulated through the duration of the trust.
Power to alter the applicable law of an International Trust: This option is found in the majority of modern offshore trust laws. Precisely, it allows the
Cyprus Law Trust to be altered to a foreign law. On the other hand, it enables a foreign trust to adopt the Cyprus
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Keeping Beneficiaries Research Paper
Mainstar Blog: Importance of Keeping Beneficiaries Updated Have you checked who is designated as your beneficiary on your retirement account
lately? For many people, naming beneficiaries happens one time, when they set up the account or policy. However, life changes (birth, marriage,
divorce, death) are inevitable, and when these changes occur, you, or your family, may find that the designated beneficiary on your retirement account
is not who you think it should be. When it comes to planning for wealth transfers, it is extremely important to review your beneficiaries
periodically...especially if you have had children, divorced, or remarried since you established your retirement account. Or, if you had previously
named a charity or trust as... Show more content on Helpwriting.net ...
Without a living beneficiary designated, your assets may be transferred to your estate, in which case state law would intervene to determine who
receives it. Usually it is assumed that the heir(s) named in the will receive all proceeds, but this can be challenged as beneficiary designations
supersede the will. When considering beneficiaries for your IRA account, it is important to remember that you can select both primary and contingent
beneficiaries. Contingent beneficiaries inherit the IRA if the primary precedes you in death. For instance, if you select a friend as beneficiary but
neglect to change the designation in the event your friend dies and you then pass away, your friend's spouse or children could claim the asset. This
can be frustrating and confusing for survivors who may need to work with a legal team or court to determine true beneficiary designation if the
account is outdated, and the court's decision may not always be what you would have wanted. This is particularly the case in divorce situations or if
children were born after the initial designation was
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Estressed Real Estate Case Study
Hi All, I would like to be transparent in processing the data for the Estate. While I do not have final numbers on many items, I have a pretty good
idea of what the Estate consists of based on my research. I decided to share what I know now. Please be aware that some of this information may
change as accounts are closed. Also, please keep in mind that there will be added expenses involved in processing this Estate. I expect to have a
CPA prepare the Trust Tax Returns for 2017 and a final Tax Return for 2018 (assuming the house sells in 2018). I will not personally prepare the Tax
Returns because it is better to have an outside professional do that work plus I have not practiced for many years. There will be additional expenses,
such as legal fees, repairs to the house, clean up and well who knows what else. Attached are the following:... Show more content on Helpwriting.net ...
It begins to establish fair market value (basis) for tax reporting purposes. Note that it is estimated at this time and that some values are subject to
change. Items with "pending" in the comments column represent accounts that I have requested to be closed, filed required documents and I am
waiting to receive the funds. I am following up and working to close the accounts and get the funds as quickly as possible. It is a slow challenging
process, but ultimately the Estate will be paid. В· Theresa Franck – Personal Bank Accounts at Chase Bank: This document provides information as it
relates to Mom's Checking and Savings Account at Chase Bank from Date of Death to the time the account was closed and transferred to The Franck
Trust Checking & Savings Account on 11/21/17. Note that the Social Security Deposit was a prepayment for the month of November and, therefore,
has to be refunded to Social
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Tom And Bob Can Appoint Carl As A Replacement For Tom
The first issue is whether Tom and Bob can appoint Carl as a replacement for Tom. In order to execute this function, it must first be determined whether
Tom and Bob are still legitimate trustees given their current circumstances. The appointment of trustees will be made where a new trust is created
either inter vivos or by will; and during the continuance for an existing trust whereby one trustee may seek to retire. On the death of a trustee, the
remnants are given to the survivors to carry on the trust. Section 18(1) of the Trustee Act 1925 (UK) provides that where a power or trust is given
to or imposed on two or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being.
Further, s. 48 (1) of the Trinidad and Tobago Trustee Act provides that the appointment of a new trustee are outside of the realms of a court and the
execution is done by persons expressed in the trust instrument , or by the surviving trustees or by the survivor 's personal representative. Thus, Tom
and Bob may have the power under the common law or Trinidadian statute to appoint Carl. However, there may also be the sub issue of whether Tom
has the competence to make the appointment of a new trustee. Section 10 (1) of the Trustee Act states that where a trustee, either original or
substituted, and whether appointed by a Court or otherwise, is dead, or remains out of this Island for more than twelve months, or
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Tricare Standard: Beneficiary Analysis
From what I've read Tricare is different in many was,Tricare Standard provides benefit like the original champus program and is available to retirees
from the Active Component, retirees from the Reserve Component age 60 or older, and their eligible family members. It's is also available to
Reservist and their family under the Tricare Reserve Select Component. Being under Tricare Standard, beneficiaries can use any civilianhealth care
provider that is payable under Tricare regulations. Beneficiary is responsible for payment There's no enrollment fee for Tricare Standard. Tricare
Standard beneficiaries can elect to use the Tricare Extra option by using a civilian health care provider from within the regional contractor's provider
network. Tricare Extra represents a PPO.
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IRA Beneficiary
When a life event, such as a death in the family, occurs and you are uncertain what the tax implications are, it is best to seek out the expertise of a
CPA to help answer your tax questions. "My aunt passed away and left me some money . . . . Is it taxable?" Like most tax questions, that answer
depends on the answers to several other questions. Usually the answer is NO. However, there are instances where you will pay income tax on money
you receive as an inheritance, or taxed on the income that the assets you inherited generate.
For example, if Aunt Sally's will says, "I leave $5,000 to my nephew Johnny," Johnny will receive $5,000 of cash and it is NOT taxable to Johnny. This
is called a "specific bequest." Aunt Sally wanted to leave ... Show more content on Helpwriting.net ...
Remainder beneficiaries will not only receive their share of the assets owned at the date of death, but will also receive their share of the income
generated by estate assets while the estate is being administered until its closing. For example, if the estate has $500,000 cash in an interest–bearing
account, the interest earned after the date of death until the cash is distributed and the estate is closed is taxable income to the remainder beneficiary.
They will receive a Schedule K–1 from the income tax return that the Estate files for the year. The income reported on the beneficiary's Schedule K–1
should be included on the beneficiary's Form 1040 as taxable income. It will not equal the amount of the inheritance, nor necessarily agree to any
amount actually received by the
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Moral Indiscretion Of Public Trust
Abstract The public trust is an important piece of fabric in the tapestry of society. The concept of the public trust comes from the basic framework of
the democratic society ideal. The public trust can also be evidenced in and take the form of a charitable trust. Charitable trusts exist for the betterment
and assistance to different elements and conditions within a society. The case analysis presented researches a sensitive and all–too–familiar topic:
moral indiscretion that risks the public trust. The specific issue presented here is that of the perception of moral indiscretion(s) of the leader and
founder of a private voluntary organization based on a media article. This paper shall research the facts of the case study and offer... Show more content
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A clear policy on ethics, sexual harassment, and consensual relationships must be implemented, if not in place. Any non–disclosure or concealment of a
relationship that could be construed as a potential conflict of interest should be grounds for immediate termination. The Board should also canvas the
stakeholders and ask if there is any damage from the incident to their trust in the organization and its goals, mission and vision. This would avoid
endless speculation and allow the organization to deal with facts. Kirk Hanson, in an ethics journal article chronicled the need for such protocols. He
opines, "If an association today does not have a process for throwing out a member, it had better create one (Hanson, 2003). It has been said that,
'Honesty breeds trust, and the more trust areas in a society, the better that society functions (Starling, 2011)." It is difficult to regain trust and credibility
once they are lost. Organizations such as the one in our case study are no exception. They have to be more alert to abuse than others, because they
depend on the
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Re Manisty Essay Question
Essay Question "As stated by Lord Evershed in Re Endacott, 'no principle perhaps has greater sanction or authority behind it than a general proposition
that a trust by English law, not being a charitable trust, in order to be effective must have ascertained or ascertainable beneficiaries". However,
although the certainty of object is an important principle, it appears that the question in regards to the certainty of objects is one that asks whether
there is a limit on the flexibility that exists in regards to discretionary trusts–which applies the 'class test' as opposed to the more definitive 'list based
test' applied to fixed trusts–it may therefore be more appropriate to ask, what degree of uncertainty will be tolerated by the courts?... Show more content
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This decision can be clearly identified within Ansbacher Trustees Ltd, where it was stated that it would "be a highly unsatisfactory situation if such
beneficiaries were held not to have standing to sue the trustees for breach of trust". These powers are of obvious importance to objects, who may
need to draw upon these remedies, in instances where settlements have been created, for example, to avoid tax, such as what can be seen in the
Vandervell case, or in The Exeter Settlement where it was mentioned "the power to add and delete beneficiaries from the class of potential objects of a
discretionary trust originated from the need to obtain "maximum flexibility" in, for example tax planning strategies". These types of trusts are thus set
up to provide more secrecy for the settlor; however they are vulnerable to being
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Express Trust
Determining the certainty of intention, subject and object of express trust
You write into your will, "I bequeath my assets to my son, John, and if John is under the age of 25, I direct that his inheritance shall be
administered by my trustee until he attains the age of 25" These words likely constitutes an intention to create an express trust. You leave $3000
with your sister telling her; "I hope you used this money for the sole purpose of paying for my mother's care." Have you just created a trust or
requested merely a moral obligation? Again, you are not a gambler, but went out on a shopping trip you noticed that a horse called "Equity" was
running in the "Grand National" and you couldn't resist placing $50 on it to win. In the event the horse came in at 100–1 and you returned home to
your family with $5000 and a broad smile. When your wife demanded, "did you bought Jimmy's birthday present, then you replied " I've ... Show more
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When the interests are not clearly delineated the trust fails and the trustee will hold a resulting trust in the testator's estate. In Gomez et al v Gomez et
al the testator bequeathed residue of real and personal estate to Margaret, Joyce and Yvonne in equal shares. Yvonne predeceased testator. The court
held that by listing the name of the beneficiaries, the share of Yvonne as to residue of realty and personalty lapsed and passed on intestacy. Compare
Gomez v Gomez to Boyce v Boyce where the testator devised two houses to Maria and Charlotte, with Maria predeceasing the testator. It was held by
the court in that case that Charlotte had no beneficial interest in uncertainty of the interest each was to take. There was in this case a resulting trust in
the testator estate. Gomez v Gomez raised some doubt about the Boyce ratio, as the court seemed to prioritize a reasonability test over necessity test
for a clear declaration and certainty of subject
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Does The Language Contained Be A Qualified Domestic Trust?
I.QUESTION PRESENTED
Does the language contained in Form M allow the trust it creates to qualify under I.R.C. В§ 2056A as a qualified domestic trust treatment?
II.SHORT ANSWER
Form M does not provide all of the required language needed to allow a trust to qualify for domestic trust treatment. It is missing two important
portions of language needed to allow it to fulfill the qualification requirements contained in section 2056A and its accompanying regulations. First, it
does not designate that the laws of a particular state will govern administration or be the location of record keeping. Secondly, the terms of the trust do
not otherwise meet the requirements for the marital deduction under section 2056. Simple changes can be made to the ... Show more content on
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I.R.C. В§ 2056(d)(1). Congress has provided an exception to this general rule in the form of a qualified domestic trust (QDOT), which allows the
property to qualify for the marital deduction if the trust meets certain requirements. I.R.C. В§ 2056(d)(2)(A). For a trust to qualify for QDOT status and
the marital deduction, it must meet the seven requirements contained in the tax code and accompanying treasury regulations. I will separately discuss
each requirement below and whether the currently language of Form M effectively fulfills that requirement.
B.Designation of U.S State for Administration and Record Keeping
The instrument creating the trust must designate that the laws of a U.S. state or the District of Columbia will govern the administration of the trust
and that the trust must be maintained under this jurisdiction's laws. The trust records, or copies of these records, must be kept in the same state which
is designated for the administration of the trust. Treas. Reg. В§ 20.2056A–2(a). The language of Form M does not specify or mention any state for the
location for administration of the trust or as a location for record keeping. To qualify under this requirement, the document should include the following
language or something similar: "This trust shall at all times be governed, construed and administered in accordance with the laws of the
[Commonwealth of Virginia or other State]."
C.Trust Must Qualify as "Ordinary Trust"
The instrument must create a trust
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Special Purpose Entities or Variable Interest Entities:...
Variable Interest Entities
One topic that has generated much discussion and even some "bad blood" in the accounting profession and business community as a whole is
variable interest entities, formerly known as "special purpose entities." One common definition of a variable interest entity is a legal business
structure which does not have enough capital to support itself due to its lack of equity investors. The financial support for the variable interest entity
is provided by an outside source, such as another corporation. A variable interest entity is often created by a corporation to serve as a holding
company, which will hold assets or debt for the creating corporation. A corporation can use such a vehicle tofinance an investment ... Show more
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Often times, these types of agreements result from a contract between two companies that is created to change with identified "triggers" in the market.
The most common types of contractual arrangements that result in the creation of a variable interest entity are options, leases with guarantee of value,
guarantees of asset recovery values, and guarantees of debt repayment. These contractual agreements may exist simultaneously with a less than
majority ownership interest in a variable interest entity. Most variable interest entities are special purpose entities, which are legally structured
entities which are created to serve a specific, predetermined, limited purpose. A special purpose entity may legally exist as a corporation, partnership,
trust, or any other legal entity. Under FIN 46, the primary beneficiary of a variable interest entity must consolidate the VIE in its financial statements.
The primary beneficiary of a VIE is the entity that; will absorb a majority of the VIE's expected losses (more than 50%), and (or) will receive a
majority of the VIE's expected residual returns (more than 50%). In certain situations, expected losses are given more weight than expected residual
returns.
In general, an entity is subject to consolidation if, by design, any of three conditions exist. (1) Equity investment at
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Trust Agreements
Ask a Trust Attorney: What Type of Trust Agreement Is Best For Me?
Trust agreements are extremely useful tools in the estate planning process. As part of a comprehensive estate plan, trust agreements can protect your
assets, provide for your family, and provide for your care if you should become incapacitated.
However, trust agreements are also complex documents that must be drafted carefully in order to meet your goals and comply with state and federal
requirements for trust agreements. An experienced Jacksonville trust attorney can explain in detail the pros and cons of each type of trust agreement
and help you decide the type of trust agreement that best meets your needs and goals.
Call (910) 665–9134 to schedule an appointment with an ... Show more content on Helpwriting.net ...
Once you place your assets into the trust, they must be administered according to the terms of the trust. Therefore, you must be very careful when
choosing an irrevocable trust and drafting an irrevocable trust. An experienced trust attorney can explain in further detail the benefits of this type of
trust agreement and why it may be the best choice for you. In some cases, an irrevocable trust can be a valuable tool in Medicaid/nursing home
planning.
Retirement Trust
This is a specialized type of trust agreement that a trust attorney may recommend to protect your Individual Retirement Account from creditors. You
can use a retirement trust to protect your IRA for the benefit of your beneficiaries. Because this is a specialized type of trust agreement, you want to
consult a trust attorney before choosing this type of trust as part of your estate planning strategy.
Special Needs Trust
Special needs trusts are another type of specialized trusts that must be drafted very carefully to ensure the trust agreement meets all of the
requirements for a special needs trust. The trust is designed to provide for the care of a disabled or special needs person and can also be used to hold
assets so that the person will qualify for public benefits. The funds from a special needs trust is not distributed to the beneficiary directly but the funds
are used to provide for the needs and care for the
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Differences Between Wills And Trusts
Although people often confuse the terms, wills and trusts, while sometimes related, serve two different purposes. Determining which option best suits
your individual needs will likely depend on several factors, including your personal concerns and current situation. Below, a Honolulu, HI estate
planning attorney from Wills and TrustsHawaii highlights the differences between the two.
What Is a Will?
A will is a written legal document that allows you to dictate how your probate property will be distributed when you die. It can be revoked or
amended at any point during your lifetime. A will also allows you to designate a guardian for your children, should you pass away before they are of
legal aid. When a person dies without a will, the court
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“Approximately 114,000 Potential Beneficiaries With At
"Approximately 114,000 potential beneficiaries with at least an associate's degree would be immediately eligible for conditional LPR status"
(Starbuck, 2015). That's a big number of people who aren't currently getting the help and assistance they need to live in the US. "Another 612,000
potential beneficiaries would be immediately eligible for conditional status because they already have a high–school diploma or GED (Starbuck, 2015).
These student would ultimately receive somewhat of an incentive to complete two years at a college or to service in the military in order to be
permanent residents of the US.
I honestly think it's unfair that they have to do anything to become citizens in the US other than just being a good person who is ... Show more content
on Helpwriting.net ...
This is a hot topic in Student Affairs, especially with DACA and the Trump administration coming into play. We discussed how some students are
afraid to fill out paperwork because of what could happen from writing their name down on an official document, and I don't blame them. The research
shows the DREAM Act is such an important tool in helping these students advance in life and stop living in fear.
I remember in 2012 reading articles stating that Obama basically passed the DREAM Act by himself. I didn't do any research on it and I deffinetly
did not know what the DREAM Act was my freshman year in college. Doing this research paper made me go back and look up those articles. One
article (Amira, 2012) talks about a new Homeland Security policy which allows illegal immigrants between the ages of 15 and 30 years old, who
came to the US at a young age will no longer have to live in fear of deportation. It's technically not citizenship, which the DREAM Act would grant, but
it is better than nothing.
Hermes, 2008 is a study that discusses two things: One being how the DREAM Act will establish a path for legal status and eventually earn legal
residency through two years of higher education or military service and the second this is how repealing a provision of federal law
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Knowing Receipt and Breach of Trust Essay
The personal liability of third parties for having received or dealt with trust rights or their traceable substitutes which they received in breach of trust
is known as recipient liability. Knowing receipt arises where the recipient has some degree of knowledge that the property was received in breach of the
trust or following receipt acquired some degree of knowledge that the rights were trust rights and dealth with them as his/her own instead of returning
them to the trust.
In Re Montagu's Settlement Trusts (1987) Megarry J held that in order to found a claim for knowing receipt, the defendant had to have actual
knowledge that his receipt was in breach of trust or was 'willfully blind' shutting his eyes to the obvious; or willfully and ... Show more content on
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While imperfect the Montagu test does give some guidance as to the requirements of knowledge.
The court of appeal in Akindele briefly referred to a new approach to the personal liability of a recipient known as the unjust enrichment approach. This
approach does not disregard the issue of dishonesty entirely, rather it restricts the issue of dishonesty to the application of the change of position
defence in that only an innocent recipient can avail themselves of this defence .
While the unjust enrichment approach clearly has its attractions. Most cases of recipient liability are not really two party situations where the value is
transferred from the beneficiaries to the third party; they are three party situations the trustee who was a conceptual feature of the trust is interposed
between the beneficiaries and the recipient.
It is to be noted that in Re Montagu the recipient was a volunteer , that is, who gave no consideration for the transfer of title so he could not count as
equity's darling. In Akindele by contrast the defendant had given consideration under a valid contract for the assets he received. Should it be
'unconscionable' for a volunteer to retain the benefit of his receipt being one who paid nothing for what he received in breach of trust where as under
a valid contract a defence of bona fide purchaser will always apply to commercial dealings.
The law provides beneficiaries under a trust with better
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Settlor Case
Certain assets of the beneficiary are exempted from determining eligibility under for SSI and Medi–Cal purposes (generally the same items). (42
U.S.C.A. В§ 1382b and 42 U.S.C.A. В§ 1396p(h) and Cal. Code Regs. tit. 22, В§ 50418.) Exempted assets are listed in the statute and generally
include those assets listed under "Permissible Distributions" in the section below, Allowed Distributions. Those resource limits are $2,000 for an
individual or $3,000 for a couple. (20 C.F.R. В§ 416.1205, Cal. Code Regs. tit. 22, В§ 50419 and Cal. Code Regs. tit. 22, В§ 50420.) Also, for
eligibility purposes, the income and resources of a minor child are deemed to include the income and resources of the parents. (20 C.F.R. В§
416.1202(b).)
Assets held in valid and ... Show more content on Helpwriting.net ...
Counsel should discuss all of these factors with the client.
It is most common for a settlor providing for a disabled beneficiary to include provisions creating an SNT in their revocable trust or will. Such settlors
do not want to deal with the complexities, or incur the cost, of creating and administrating an SNT during the settlor's lifetime. Rather, such settlors
seek out and obtain whatever public benefits the beneficiary is entitled and simply pay out–of–pocket for any other necessary support payments.
If the SNT is created by a will, the SNT will be administered in a probate filed with and supervised by the court. The settlor may wish to have the extra
protection that court supervision provides. Alternatively, the settlor may prefer for the SNT to be administered through his or her living trust without
the expense and inconvenience of court supervision. If there are problems which arise with the trustee or the trust, the beneficiary or someone on his or
her behalf may petition the court for a
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Passing: A Beneficiary Of White Privilege
Passing is a deception that enables a person to adopt certain roles or identities from which he would be barred by prevailing social standards in the
absence of his misleading conduct. It is also the ability to appear to belong to another group. The ability to pass is itself a privilege because it
allows an individual to claim the advantages of a more privileged group. In the media, passing becomes easier for certain groups than for others
and certain types of passing are particularly celebrated: Privilege is when one group has something that others are denied due to the group they
belong to. Some examples of privilege are male privilege, white privilege, and disability status (Adams et al., 2013). Sadly, we live in a society
where not all individuals are given the same opportunities and rights as others. Just like Individuals tend to be split groups of passing and privilege it
also coincides with the oppressed groups and privileged groups. Oppressed groups tend to be denied values such as equal rights or opportunities
because of their culture.... Show more content on Helpwriting.net ...
Although nobody was injured, Marissa Alexander received a twenty year prison sentence following the
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Essay On Beneficiary Designations
Beneficiary designations are a very important part of estate planning but sometimes get overlooked or forgotten or overlooked in the process. In order
to avoid potential disagreements and even legal battles in the future, ensure that you review your beneficiary designations on a regular basis to make
sure they are up to date and reflect your current wishes.
Even if you have a will, you still need to have beneficiary designations on your retirement and life insurance accounts. Your will does not cover these
assets. Make sure to check all your life insurance policies, retirement accounts and annuities.
Updating your beneficiary designations is just as important as creating an estate plan. Too often we find that beneficiary designations... Show more
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Discuss your estate plan with your loved ones. Being upfront about your wishes can help reduce the risk of disagreements and confusion. Openly
discussing your estate plan goals will ease the distribution process and reduce the risk of legal battles down the road.
How to Review your Beneficiary Designations
Checking your beneficiary designations simply involves contacting the account holder and making a request for a copy of your current beneficiary
designation form. If the beneficiary designation information on the form is incorrect, out of date or missing, you can request a change of beneficiary
form. Complete the change of beneficiary designation form and submit it to the account holder. Be sure to include a copy of these forms with your
estate planning documents so that your family members and loved ones are familiar with the beneficiary designations on your policies.
We cannot overstate the importance of reviewing and updating your estate plan on a regular basis and recommend that you take the time to review all
your beneficiary designations forms with an experienced estate planning attorney.
To discuss your specific needs with one of our estate planning attorneys in Pittsburgh, please call us at Fingeret Law at 412.281.8222 or contact us
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The On The Investment Of The Trust
(a) The first question considers whether there have been any breaches concerning the investment of the trust and, if so to consider the consequences.
As mentioned the will contained no further provisions, therefore there are no express controls in the trust instrument with reference to investment so
the following advice is on the basis that the trustees' powers are statutory. Furthermore we are not told of any provision purporting to exclude
liability of the trustees. A trustee may make any kind of investment that he could make if he were entitled to the trust assets , this is referred to as
"the general power of investment" . As there are no positive inclusions of a power to invest in a particular manner Fiona and Edwin have "the general
power of investment". The earlier view of investment, is to purchase property from which interest or income is to accumulate: Re Wragg . However
in more recent times it is accepted that an investment may include laying out money with an understanding of achieving a return. This view also
includes a capital; Harries v Church commissioners for England ; Cowan v Scargill . On this basis investing ВЈ150,000 into the investment portfolio, a
further ВЈ150,000 into Sound Plc and the remainder into the bank; would be regarded as legitimate investments; the trustee is under a duty "to employ
money in the purchase of anything from which interest or profit is expected" The Trustees Act (TA) stipulates a duty of care to be imposed upon the
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The Three Certainty Of The Court Case: Knight V. Knight
Introduction
A trust can only be enforceable if it is sufficiently certain. The three certainties of a trust must coincide for a trust to become valid. Absence of any of
the uncertainties makes a trust invalid from the start. The three certainties are certainty of the subject matter, certainty of intention and certainty of the
objects. All these certainties must be established to make a trust valid. The purpose of the certainty requirement of trusts is to ensure compliance with
the intentions of the settlor. For a trust to be enforced, there must be an individual who can compel the trustee to enforce the trust. The trust should also
be capable of being implemented for the benefit of a beneficiary. The certainty requirement ensures that a trust is capable of being implemented failure
to which would render the concept of trusts pointless.
The three certainties
The three certainties rule was established in Knight v Knight where the court held that the will was not specific enough to result in a valid trust. The
court noted that in order for a trust instrument to be valid, it must be certain in intention, ... Show more content on Helpwriting.net ...
He pointed out that a trust should not be dependent on this distinction and that a trustee should look for beneficiaries in order to fulfill their fiduciary
duty under the trust. In his opinion, Lord Wilberforce, noted that a discretionary trust is a trust and the trustee must identify beneficiaries. He
continued that where a trust was made for the benefit of a group, the complete list test will not be appropriate in establishing certainty of objects. The
list of beneficiaries in a discretionary trust cannot be completed and the trustee is, therefore, not required to provide equal benefits for all
beneficiaries. In his view, the most appropriate test would be to inquire whether an individual is or is not a member of a beneficial
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California Law: General Powers Of Trustee
Exhibit A
ARTICLE VIII. TRUSTEE POWERS
A. General Powers of Trustee
Subject to any limitations expressly stated in this document, the Trustee of each trust established under this document is authorized to exercise the
following powers for purposes of discharging the Trustee duties imposed by this document and by law:
1. California Law. The powers conferred on Trustees by California law in the absence of a limitation in the trust instrument. These powers shall be
deemed to include the power to invest in any kind of property without regard to statutory limitations, insurance, or collateralization requirements
otherwise applicable, and the power to operate or participate in any business without complying with any otherwise applicable requirement ... Show
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Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;
c. Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and
d. Deposit the securities with a depositary or other regulated financial–service institution;
8. With respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or
other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or
grant public or private easements, and make or vacate plats and adjust boundaries;
9. Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or
without the option to purchase or renew, for a period within or extending beyond the duration of the trust;
10. Grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option
exercisable beyond the duration of the trust, and exercise an option so
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Beneficiaries Essay
DACA beneficiaries needed to apply for a propel parole venture out record with a specific end goal to re–enter the United States in the event that they
exited the nation for any reason. DHS will never again support propel parole applications for DACA beneficiaries, however will by and large
respect beforehand affirmed propel parole it allowed. Traditions and Border Patrol has specialist to practice watchfulness in deciding the acceptability
of any individual introducing at the fringe and the qualification of such people for parole. DHS holds the expert to renounce or end a propel parole
record whenever. Subsequently, DACA beneficiaries ought to deliberately consider going outside of theUnited States as it is hazy how these approach
... Show more content on Helpwriting.net ...
Among respondents 25 years and more established, the figures are $41,621 and $37,595, separately. These higher wages are critical for beneficiaries
and their families as well as for charge incomes and monetary development at the neighborhood, state, and government levels. A year ago, we noticed
that further research is expected to parse out the short–and long–run wage impacts of DACA and additionally whether short–run picks up speak to a
level of profit or if more vigorous long–run wage impacts may exist. 10This remaining parts, genuine. Be that as it may, as DACA beneficiaries are
currently further along in their professions, and as we keep on seeing development in their income, it is likely there is considerably more space for
beneficiaries' wages to develop. The prompt effect of wage increments is obvious in 69 percent of overview respondents revealing that their
expanded10 income have and 71 percent announcing that their expanded profit have "helped my family fiscally." Among respondents 25 years and
more established, these rates ascend to 73 percent and 74 percent, separately.
POLITICAL RESOLUTION
Politically the implication of DACA9 has improved the objective populace's probability of working by roughly 4 rate focuses. This expansion comes
from an expansion in labor drive support and a diminishing in the joblessness rate of
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Question Bank : Property Transactions
Question 1: Property Transactions
Issue:
Mrs Kerry works full time for an engineering consultancy company, and her husband James is a computer technician. Kerry has sold two properties
over the past 24 months. She can't believe that New Zealand does not tax capital gains. She has come to see me for advice on whether tax would be
imposed on the sale of the two properties.
Law:
Section CB 3:
Amounts received from the sale of personal property derived from the carrying on or carrying out of any undertaking or scheme entered into or
devised for the purpose of making a profit are taxable.
Section CB 4:
Where any personal property is acquired by a taxpayer for the purpose of resale, even if it is an isolated transaction unconnected with the normal trade
or business, any resulting profit will be taxable.
CB 6 Disposal: land acquired for purpose or with intention of disposal
(1)An amount that a person derives from disposing of land is income of the person if they acquired the land.
(a)For 1 or more purposes that included the purpose of disposing of it
(b)With 1 or more intentions that included the intention of disposing of it.
Taxpayers are taxable on any amount derived from the sale of land if the transaction falls within s CB6.
Land acquired for the purpose or with the intention of resale (s CB 6).
Exclusions:
A Taxpayer's own private residence (s CB 16).
The burden of proof is on the taxpayer to demonstrate that the purpose or intention was not to purchase the land for
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Inheritance Tax Analysis
1 – Introduction. This document will serve to demonstrate the options which are available for clients who are wishing to arrange strategies to
mitigate and / or pay for inheritance tax (IHT) liabilities. It will provide an overview of products and arrangements that a financial adviser will
consider when creating a financial plan for a client. 2 – Know Your Customer (KYC) When considering IHT planning for a client, an adviser must gain
a thorough understanding of their client's financial situation through a "fact find." Through the process of capturing this information it is critical that
an adviser uses closed and open questions to gather hard and soft facts to help build a clear picture of the client's financial situation. To build this...
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There is a separate nil rate band for residential property, and this is an additional allowance for when a residence is passed on to a direct descendant
by the deceased. To qualify in full, the net value of the estate must be below ВЈ2M. If the net value of the estate is above this, the additional nil rate
band will be tapered away by ВЈ1 for every ВЈ2 above. The residential property nil rate band was introduced on the 6th of April 2017, and will
increase in line with CPS for years after the phasing in period. During the phasing in period the limits will be: Date rangeResidential property nil rate
band 2017/2018ВЈ100,000 2018/2019ВЈ125,000 2019/2020ВЈ150,000 2020/2021ВЈ175,000 4 – Wills Wills are a key element to effective estate
planning and will ensure that upon death, your assets are distributed as per your wishes. For the family you leave behind, it can also simplify this
process and reduce the stress at a difficult time. From an IHT perspective, wills can be quite useful as they can be drafted to take into account any
exemptions or reliefs that you have planned. 5 – Trusts Assets can be placed in trust, thereby no longer forming part of the estate. There are a wide
variety of different trust available, and are all suited to different situations. On 21st of March 2006, significant changes were made to tax treatment of
trusts, which in turn has changed the landscape of how
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The Pros And Cons Of Dyadic Trust
2.2 Affective Component The affective component revolves around the feelings between the trustor and trustee. Feelings associated with the other
party, the collective relationship, and the consequences of forming the relationship all factor into whether there is a positive or negative affective
component within the dyad (Korsgaard, Brower, Lester). Jones says that "to trust someone is to have an attitude of optimism about her goodwill" and
that, as a result of the trustee knowing that the trustor depends of them, the trustee will act in a manner beneficial to the relationship. Here, optimism
means that a party expects a favorable outcome from the result of their trust. Multinational firms but have optimism that their partners have the
competencies and the goodwill necessary to maintain a prosperous business relationship (Jones). It is important that firms assure the other that they
have similar interests and make it clear that their attitude toward the other is optimistic, rather than pessimistic, so that trust can flourish. Furthermore,
it is our opinion that each party needs to really feel that their partner is optimistic about them. It does not seem like trust would grow just because
party A in a multinational firm knows that party B has a history of compliant and ethical behaviors and that they have the specific skills necessary to
provide a ... Show more content on Helpwriting.net ...
Dyadic Trust
Current literature has, for the most part, failed to assess trust from a dyadic perspective, so their is no clear consensus among scholars. Korsgaard,
Brower, and Lester, however, conceptualize and examine trust at the dyadic level and ascertain that there is more to observe about trust than what can
be seen when only looking from the perspective of the trustor or the trustee. As the title of their article suggests, at a dyadic level, light shines on the
fact that trust is not always mutual. As each party in simultaneously capable of being the trustor and trustee, trust gets messy.
3.1 An Emergent
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Medicare Beneficiary Analysis

  • 1. Medicare Beneficiary Analysis Beginning in the 1970s, Medicare beneficiaries have been able to choose to receive their Medicare benefits through a private health plan instead of through the federally managed fee–for–service program. In 2003, the Medicare Modernization Act termed this option "Medicare Advantage." In 2015, 31% of Medicare beneficiaries were enrolled in a Medicare Advantage Plan, although enrollment rates vary greatly by state and locale. Medicare Advantage plans cover all services that traditional Medicare covers except for hospice and End–Stage Renal Disease (ESRD). When an individual with Medicare Advantage elects the Medicare Hospice Benefit, all Medicare–covered services they receive while in hospice care are covered by Original Medicare. This includes ... Get more on HelpWriting.net ...
  • 2. The Is The Entitlement Beneficiary? Jared and Dad, please check out the following articles, information and analysis I am sharing with you. I feel compelled because I am concerned and I care. I think it will take about 30 minutes of your time. Western debt–based, consumption–driven societies have been living beyond their means for a very, very long time. For decades we have been consuming, as a group of people, more than we have been producing and we 've been financing it by mortgaging our children 's future through national debt and deficit spending. The question becomes, "How long can we continue to mortgage our children 's future and how many creditors are still willing to buy that mortgage?" I think the reckoning is approaching when we have to answer those questions. So what is that reckoning going to look like? Well, things like this require a painful cure and it needs to be decided who will end up on the short end of the stick. Will it be the taxpayer? Will it be the entitlements beneficiary? Will it be the bond holder? The saver? My answer is yes. All of them and everyone. The lender in me looks at the balance sheets of the major sovereigns in the world and the picture I see is not pretty at all. As a lender, I would not be willing to lend to these governments. I assume that if I am acting rationally then most of the counter–parties and creditors out there eventually will act rationally too. Which is not a comforting thought at all. Nearly 1 in 6 Americans receive food stamps. ... Get more on HelpWriting.net ...
  • 3. Three Certainty Requirement This question require us to consider the three certainty requirements and the circumstances in which a valid trust is said to be properly constituted. The general requirement to create a trust is that if the trust is properly constituted, it bind the settlor and be enforceable by the beneficiaries. On the other hand, if the trust is not completely constituted, it will be ineffective as the general rule requires. Equity will not be able to help because of two of its maxims "equity will not assist a volunteer" and "equity will not perfect the imperfect gift" . The court will be prevented from coming to the aid of a volunteer beneficiary regardless of how undesirable the outcome might appear. i. Is this a gift in favour of the sister or a trust in favour of his friends? If it is a trust, has the settlor sufficiently shown intention to subject the property to a trust obligation? An express trust is created if only the settlor can show that he intended to subject the property to a trust obligation. It is necessary for the settlor to show that he intend to create a trust instead of some other type of legal relationship, e.g. gift, a power or bailment. As Megary .J. put it in Re Kayford Ltd, "the question is whether in substance a sufficient intention to create a trust has been manifested" . However, a trust can be created ... Show more content on Helpwriting.net ... To Brown– Wilkinson in 'Re Barlow's Will Trusts' "Friends' has a great range of meanings, indeed its exact meaning varies from person to person. Some will include only those with whom they had been on intimate terms over a long period, others would include acquaintances who they liked. Some would include people with whom their relationship was primarily one of business, others would no. Indeed, many people, if asked to draw up a complete list of friends, would probably have some difficulty in deciding whether certain of the people they knew were really 'friends' as opposed to ... Get more on HelpWriting.net ...
  • 4. Family Discretionary Trust Case Study Disadvantages: While there are, some huge focal points utilizing a Family Discretionary Trust, you should know about a portion of the impediments of a Family Trust and consider whether these might exceed the favorable circumstances. 1.Misfortunes can't be conveyed. The trust structure can't convey capital or income misfortunes to its recipients. Consequently, when a trust brings about a misfortune, recipients are not ready to balance that misfortune against some other assessable loss, for example, pay, intrigue, profits and so on. (Lawyers, 2018) 2.Constrained Duration of the Trust. Following 80 years of the creation date, or prior if the trustee chooses, the trust will "vest" or stop. This lead does not have any significant bearing to... Show more content on Helpwriting.net ... Customers can have trouble seeing all terms of deed. 5.Recipients can be liable to complex PAYG estimations. 6.Trustees can be by and by obligated for the obligations of the trust. The use of private trusts to avoid personal income tax ACOSS has since a long time ago contended for charge change of private trusts to handle their utilization for imposing tax avoidance and evasion. With moves to change excessively liberal tax reductions in superannuation and lodging long late and welcome, the time has come to likewise handle private trusts. (Acoss.org.au, 2017) Tax avoidance utilizing private trusts is evaluated to cost the government in any event $2 billion in lost duties consistently, however not most this would be recovered by assessing change as individuals may move to other tax shelters. 1.By Dividing salary with a relative on a lesser salary. If a trustee is a high–income earner, he/she makes sure that they split the income in such a way that they end up paying less tax using discretionary trusts. For example, if the investment is $200,000, the trustee will have 9 beneficiaries to split the income in such a way that it falls in the 2nd income tax bracket where they should pay only 19% tax. (200,000/9= 22,222.2). This saves them from paying a higher tax rate if he/ she had appointed less than 9 beneficiaries. This could be done using discretionary trusts as the trustee has the freedom to appoint any number of beneficiaries and split the income in any ... Get more on HelpWriting.net ...
  • 5. Case Study: Acting Trustee 1.1.It is incumbent on the Trustee to act as fiduciaries, in good faith, and in the best interest of this Living Trust 1.2.All decisions of the acting Trustee, made in good faith, regarding the management of this Living Trust will be final and binding on all parties. 1.3.The above authority and powers granted to the Trustee are in addition to any powers and elective rights conferred by state or federal law or by other provision of this Living Trust and may be exercised as often as required, and without application to or approval by any court. 2.SUCCESSOR TRUSTEE 2.1.In the event of the death or during any period of incapacity of the Trustee, Sheryl Brown Jones of Florida is hereby nominated and appointed as Successor Trustee. In the... Show more content on Helpwriting.net ... In the event that the acting Trustee concludes that the value of the Property is insufficient to justify the cost of administration and that the aggregate value of the Property is less than $50,000.00 (USD), the acting Trustee may terminate this Living Trust after providing notice to the Qualified Beneficiaries. Where the Living Trust is terminated under this section, the acting Trustee will distribute the Property in a manner consistent with and as described in the distributions sections of this Living Trust. 10.ABSTRACT OF TRUST 10.1.The acting Trustee may execute an abstract of this Living Trust (the "Abstract of Trust") and may present the Abstract of Trust to a financial institution as proof of the existence of this Living Trust. The Abstract of Trust should not contain full details of the property holdings of the Living Trust nor should it name the Beneficiaries of the Living Trust. Any person who is presented with an Abstract of Trust with regard to this Living Trust will be held harmless for relying on the Abstract of Trust. 11.ADMINISTRATIVE PROVISIONS 11.1.This Trust has been accepted by the Trustee and will be administered in the State of Florida and its validity, construction, and all rights hereunder shall be governed by the laws of that State and that State shall have exclusive jurisdiction to determine any disputes which may arise ... Get more on HelpWriting.net ...
  • 6. Impact Of Curricula On Their Intended Beneficiaries English 12– EO3 Fall 2015 Prof. Andrew Essay two SS: 1341 Prompt: Discuss the impact of Curricula on their intended beneficiaries as described in the readings of Jean Anyon and John Taylor Gatto. American Citizens success is directly correlated to the quality of education they receive. The quality of education changes with location, and location is determined by income. Even if by chance an individual is able to locate a viable institution. The curriculum may harm a child intellectual growth more than it would stimulate it. John Taylor Gatto argues that standardized curriculum is boring our students, and crushing originality. While Jean Anyon states that a person social class is a reflection of their schooling. Both pedagogues have experience in this field, and have looked closely at course work and student teacher relationships. Ostensibly Gatto's and Aynon's publications intends to convey the flaws ingrained in the education system. It's feasible to first examine each social class's academic curriculum in order to understand if schooling is thwarting success. The working class makes up about 39 percent of the population. Families are placed in this category when their yearly earnings falls under fifteen thousand dollars. Their jobs consist of labor that requires a minimal amount of analytical thinking. In working class schools students are trained to obey instructions just as they would in working class jobs. The middle–class annually earns at least ... Get more on HelpWriting.net ...
  • 7. Exceptions Of Non Charitable Trust Introduction to Non–charitable trust Trusts can be widely categorized according to their objects, which are either purposes or persons. The purposes of trust can be either charitable or non–charitable trust. A charitable trust is one whose purpose falls within the legal definition of charity. On the other hand, a non–charitable trust has a purpose which falls outside the legal definition of charity. A non–charitable trust is not for the public. Non–charitable trust are beneficiary to people, include the trust to further the purpose of club, association to a trust provide housing for native children being schooled off their reserve. A non–charitable is a type of trust without ascertainable beneficiaries. Usually struck down by the court because the court thinks that this type of trust is not enforceable by anyone. As a general rule, a trust would fail if there is no beneficiary to enforce it. In Re Astor's Settlement Trust, apart from uncertainty, the gift failed on the ground that there was nobody that could enforce the trust. In Morice v Bishop of Durham, Sir William Grant stated that: ... Show more content on Helpwriting.net ... There are a number of exceptions to the invalidity of non–charitable trust. In order for a non–charitable trust to be valid, the purpose of the trust must fall within the five exceptions. In the case of Re Endacott, it laid down the principle that a non–charitable trust is invalid if the purpose did not fit into one of the exceptions. Gift must be limited to particular purposes. Exception 1 : Specific animals The first exception is the trust must be made for the specific animal. In the case of Re Dean, the trust was held to be valid despite the fact that no one could enforce the trust, the purpose of the trust was for the maintenance of testator's horses and hounds for 50 years. This is typically where the settlor wishes that his or her own pets are looked ... Get more on HelpWriting.net ...
  • 8. Essay Case 11-3 Case 11–3 Master of the Universe TABLE OF CONTENTS Statement of facts...................................................... 3 Question 1.............................................................. 5 Solution........................................................ 5 Question 2.................................................................... 6 Solution........................................................ 6 Question 3.............................................................. 7 Alternatives................................................... 7 Solution........................................................ 8 STATEMENT OF FACTS Saturn and Venus, form Jupiter, a joint venture. Saturn owns 51 percent of Jupiter and Venus owns 49 percent of Jupiter. The purpose of Jupiter is to own and operate organic clothing design and manufacturing facilities and sell organic ... Show more content on Helpwriting.net ... Equity interests with or without voting rights are considered variable interests if the legal entity is a VIE and to the extent that the investment is at risk..." Also, ASC 810–10–55–19 states as a general rule, assets and operations of an entity create its variability, meanwhile its liabilities and equity interest absorb the variability. It also states that the variable interest absorb or receive the expected variability created by those assets, liabilities, or contracts of a VIE that are not variable interests. Because Saturn Inc. and Venus Inc. have investments in the residual interest and debt securities of Jupiter, both companies are variable interest holders of Jupiter. QUESTION NUMBER 3 Who, if anyone, is the primary beneficiary and why? ALTERNATIVES Alternative 1 – Venus is the primary beneficiary of Jupiter. The distribution of clothing and decisions related to distribution could be the most significant impact on the economic performance of Jupiter. Venus has the obligation to absorb losses of Jupiter or the right to receive benefits from Jupiter and has the power to direct distributing activities of Jupiter that could affect significantly Jupiter's economic performance.
  • 9. Alternative 2 – Saturn is the primary beneficiary of Jupiter. Saturn has the power to direct operating ... Get more on HelpWriting.net ...
  • 10. Beneficiary Research In Social Work NOTES ON DAILY PROGRESS (today's progress, level of beneficiary participation and findings): We meet with the RBT, the mother and with the staff members who attend the daycare center for the client, according to the previously agreed upon. During the session, Marlon exhibited physical aggression, when he is observed to push, spit and snatch the element from another. As well as denial of the task, given by the lack of compliance with the assigned tasks or instructions given after a delay of 5 seconds with a verbal "no" or participation in any other behavior that is incompatible and/or topographically different from the task or instruction is given. He refuses to follow instructions with his head as an escape method. Marlon has difficulty waiting ... Get more on HelpWriting.net ...
  • 11. Youyang Pty Ltd V Minter Ellison Morris Fletcher Youyang Pty Ltd v Minter Ellison Morris Fletcher (2003) 212 CLR 484 Gleeson CJ, McHugh, Gummow, Kirby and Hayne JJ MATERIAL FACTS: The appellant company (Youyang) was trustee of a discretionary trust formed in 1974 for the Hayward family. Minter Ellison Morris Fletcher's (Minters) had been acting for EC Consolidated Capital Limited (ECCCL) since July 1991, all work in connection with the drafting of the documents relating to the subscription for preference shares in ECCCL was dealt with by Minters. As part of the subscription agreement Youyang deposited $500,000 in Minters trust account. Minters was entitled to release a section of the fund from the trust account to ECCCL for the purchase of a bearer deposit certificate to be issued by Dresdner International Financial Markets (Australia) Ltd (DAL), which could then be traded on the money market. When the certificate was obtained Minters then had the right to release the remainder of the funds to ECCCL based on the subscription agreement. On the 24th of September 1993 a letter was sent by DAL addressed to ECCCL in confirmation of the payment of $256,800 from Minters trust account for the term of 10 years with repayment of US $500,000 at maturity representing $256,800 principal and interest of AUD 243,200. This letter was a sign of acknowledgement of indebtedness by DAL to ECCL rather than a bearer certificate, which was required. It provided Youyang with no security against insolvency of ECCCL. Minters paid ECCCL the ... Get more on HelpWriting.net ...
  • 12. Liability For Violation Of Environmental Law 13. With respect to possible liability for violation of environmental law: a. Inspect or investigate property the Trustee holds or has been asked to hold, or property owned or operated by an organization in which the Trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property; b. Take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the Trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement; c. Decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law; d. Compromise claims against the trust that may be asserted for an alleged violation of environmental law; and e. Pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law; 14. Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust; 15. Pay taxes, assessments, compensation of the Trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust; 16. Exercise elections with respect to federal, state, and local taxes; 17. Select a mode of payment under any employee benefit or retirement plan, annuity, or ... Get more on HelpWriting.net ...
  • 13. Living Trust Benefits Most people have heard the phrase, "living trust," but they wouldn't be able to verbalize a definition without getting confused. The living trust, simply put, is another option to having a will. We can all agree that it's a good idea to have a written legal document distributing your assets at your death. The question to discuss is whether that document should be a living trust or a will. Only about 20% of Americans have a living trust in place. Should you be a part of that limited number? Or would it be better to stick with a will? Top 3 Benefits of a Living Trust: 1.A Living Trust Avoids Probate – a living trust does not go through probate. This means a faster distribution of your assets to your heirs. With a will asset distribution ... Get more on HelpWriting.net ...
  • 14. The Modern Trust Law : The Shortcomings Of The Modern... The modern trust law has its origin in the use (from the Latin ab apus) which was developed as the response of equity to the shortcomings of the common law. A trust is very difficult if not impossible to define, but its essential elements are reasonably easily described and readily understood. There is no statutory definition of a trust . It has been the courts that, over the years, have developed the rules relating to the trust, so all one can do is provide a description of the trust, which reflects those rules and which enables people in a general way to know what is meant when talking about a trust. This essay will consider the case of Re Baden No.2 and explain how the trust principles evolved and develop relating to the certainty of objects. This essay will also analyse the different tests the Law Lords set out in relation to certainty of objects, for a discretionary trust. We will discuss the advantages and disadvantages of each approach from the Law Lords and suggest the best way forward for the trustees when deciding the proper approach to take in a discretionary trust. A trust is not a legal person, like an individual or a company, capable of owing property. For there to be a trust, property must be subject to a trust, so the property will be owned by a trustee or trustees (who may be individual or companies) or by a nominee on behalf of the trustee (though here the trustee's rights against the nominee may be regarded as property held by the trustee). Trust is ... Get more on HelpWriting.net ...
  • 15. Uniform Transfers To Minors: A Case Study The provisions of this Article shall apply to each trust held under this instrument: 5.1.a.If at any time a beneficiary eligible to receive net income or principal distributions is under legal disability, or in the opinion of the trustee is incapable of properly managing his or her financial affairs, then the trustee may make those distributions directly to the beneficiary, to a lawful guardian of the beneficiary, or to a custodian selected by the trustee for the beneficiary under a Uniform Transfers to Minors Act or similar applicable law, or may otherwise expend the amounts to be distributed for the benefit of the beneficiary in such manner as the trustee considers advisable. As used throughout this instrument, the term "lawful guardian" ... Show more content on Helpwriting.net ... If at any time after our deaths the trustee shall determine that the trust is of a size that is no longer economical to administer, the trustee, without further responsibility, may (but need not) distribute the trust to those persons named in paragraph 4.4 above. 5.6.Notwithstanding any other provisions contained in this instrument, all interests created by this Trust Agreement shall vest within the period prescribed by the rule against perpetuities, as presently set forth in В§689.225, Florida Statutes. If any provision of this Trust agreement shall be construed to vest any interest later than that period, that interest shall vest on the last day permitted without violation of the rule against perpetuities. 5.7.The compensation of a corporate or professional trustee shall be in accordance with its schedule of fees as in effect at the time the services are rendered. Such compensation may be charged to principal or to income or partly to each in the discretion of the trustee. In the event our respective estates are not subject to probate and no personal representative is appointed, the trustee shall prepare and file, or cause to be prepared and filed, the federal estate tax return and such other returns as may be necessary. For any such extraordinary services, the trustee shall receive additional ... Get more on HelpWriting.net ...
  • 16. Disadvantages Of International Trust Law The International Trust Law (No. 69/1992) legislation facilitates the formation and administration of an international trust. The law built on the existing Cyprus trust legislation of 1995 (The Trustees Law, CAP. 193). The amendment of Cyprus trust legislation introduces innovative provisions and provides considerable incentives for the establishment of trusts in Cyprus. Furthermore, Cyprus becomes an attractive centre for international trusts. As a result, new investment opportunities have emerged. Trust is defined as a legal relationship created when an individual (the "Settlor") places assets under the responsibility and control of an individual (the " Trustee") for the benefit of some other person or people (the "Beneficiaries") or for a particular purpose. That is ... Show more content on Helpwriting.net ... In the case of charitable or purpose trust then the duration is unlimited. Confidentiality: Based on the Fiduciary Law, there is no requirement for the disclosure of the names of the Settlor, the Beneficiaries or the Protector. Nonetheless, the Trustee is obliged to give the necessary information to the Supervision Body. The name of the Trust, the date of the establishment, the date of termination, the name and the address of the Trustee are kept on a confidential basis. Flexibility: Cyprus Law enables the removal of a trust from its jurisdictions and vice versa. That is to say, it is provided the necessary flexibility whether a change of circumstances may necessitate this kind of transfer, for fiscal or other reasons. Accumulation of Income: The Cyprus Law allows trust income to be accumulated through the duration of the trust. Power to alter the applicable law of an International Trust: This option is found in the majority of modern offshore trust laws. Precisely, it allows the Cyprus Law Trust to be altered to a foreign law. On the other hand, it enables a foreign trust to adopt the Cyprus ... Get more on HelpWriting.net ...
  • 17. Keeping Beneficiaries Research Paper Mainstar Blog: Importance of Keeping Beneficiaries Updated Have you checked who is designated as your beneficiary on your retirement account lately? For many people, naming beneficiaries happens one time, when they set up the account or policy. However, life changes (birth, marriage, divorce, death) are inevitable, and when these changes occur, you, or your family, may find that the designated beneficiary on your retirement account is not who you think it should be. When it comes to planning for wealth transfers, it is extremely important to review your beneficiaries periodically...especially if you have had children, divorced, or remarried since you established your retirement account. Or, if you had previously named a charity or trust as... Show more content on Helpwriting.net ... Without a living beneficiary designated, your assets may be transferred to your estate, in which case state law would intervene to determine who receives it. Usually it is assumed that the heir(s) named in the will receive all proceeds, but this can be challenged as beneficiary designations supersede the will. When considering beneficiaries for your IRA account, it is important to remember that you can select both primary and contingent beneficiaries. Contingent beneficiaries inherit the IRA if the primary precedes you in death. For instance, if you select a friend as beneficiary but neglect to change the designation in the event your friend dies and you then pass away, your friend's spouse or children could claim the asset. This can be frustrating and confusing for survivors who may need to work with a legal team or court to determine true beneficiary designation if the account is outdated, and the court's decision may not always be what you would have wanted. This is particularly the case in divorce situations or if children were born after the initial designation was ... Get more on HelpWriting.net ...
  • 18. Estressed Real Estate Case Study Hi All, I would like to be transparent in processing the data for the Estate. While I do not have final numbers on many items, I have a pretty good idea of what the Estate consists of based on my research. I decided to share what I know now. Please be aware that some of this information may change as accounts are closed. Also, please keep in mind that there will be added expenses involved in processing this Estate. I expect to have a CPA prepare the Trust Tax Returns for 2017 and a final Tax Return for 2018 (assuming the house sells in 2018). I will not personally prepare the Tax Returns because it is better to have an outside professional do that work plus I have not practiced for many years. There will be additional expenses, such as legal fees, repairs to the house, clean up and well who knows what else. Attached are the following:... Show more content on Helpwriting.net ... It begins to establish fair market value (basis) for tax reporting purposes. Note that it is estimated at this time and that some values are subject to change. Items with "pending" in the comments column represent accounts that I have requested to be closed, filed required documents and I am waiting to receive the funds. I am following up and working to close the accounts and get the funds as quickly as possible. It is a slow challenging process, but ultimately the Estate will be paid. В· Theresa Franck – Personal Bank Accounts at Chase Bank: This document provides information as it relates to Mom's Checking and Savings Account at Chase Bank from Date of Death to the time the account was closed and transferred to The Franck Trust Checking & Savings Account on 11/21/17. Note that the Social Security Deposit was a prepayment for the month of November and, therefore, has to be refunded to Social ... Get more on HelpWriting.net ...
  • 19. Tom And Bob Can Appoint Carl As A Replacement For Tom The first issue is whether Tom and Bob can appoint Carl as a replacement for Tom. In order to execute this function, it must first be determined whether Tom and Bob are still legitimate trustees given their current circumstances. The appointment of trustees will be made where a new trust is created either inter vivos or by will; and during the continuance for an existing trust whereby one trustee may seek to retire. On the death of a trustee, the remnants are given to the survivors to carry on the trust. Section 18(1) of the Trustee Act 1925 (UK) provides that where a power or trust is given to or imposed on two or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being. Further, s. 48 (1) of the Trinidad and Tobago Trustee Act provides that the appointment of a new trustee are outside of the realms of a court and the execution is done by persons expressed in the trust instrument , or by the surviving trustees or by the survivor 's personal representative. Thus, Tom and Bob may have the power under the common law or Trinidadian statute to appoint Carl. However, there may also be the sub issue of whether Tom has the competence to make the appointment of a new trustee. Section 10 (1) of the Trustee Act states that where a trustee, either original or substituted, and whether appointed by a Court or otherwise, is dead, or remains out of this Island for more than twelve months, or ... Get more on HelpWriting.net ...
  • 20. Tricare Standard: Beneficiary Analysis From what I've read Tricare is different in many was,Tricare Standard provides benefit like the original champus program and is available to retirees from the Active Component, retirees from the Reserve Component age 60 or older, and their eligible family members. It's is also available to Reservist and their family under the Tricare Reserve Select Component. Being under Tricare Standard, beneficiaries can use any civilianhealth care provider that is payable under Tricare regulations. Beneficiary is responsible for payment There's no enrollment fee for Tricare Standard. Tricare Standard beneficiaries can elect to use the Tricare Extra option by using a civilian health care provider from within the regional contractor's provider network. Tricare Extra represents a PPO. ... Get more on HelpWriting.net ...
  • 21. IRA Beneficiary When a life event, such as a death in the family, occurs and you are uncertain what the tax implications are, it is best to seek out the expertise of a CPA to help answer your tax questions. "My aunt passed away and left me some money . . . . Is it taxable?" Like most tax questions, that answer depends on the answers to several other questions. Usually the answer is NO. However, there are instances where you will pay income tax on money you receive as an inheritance, or taxed on the income that the assets you inherited generate. For example, if Aunt Sally's will says, "I leave $5,000 to my nephew Johnny," Johnny will receive $5,000 of cash and it is NOT taxable to Johnny. This is called a "specific bequest." Aunt Sally wanted to leave ... Show more content on Helpwriting.net ... Remainder beneficiaries will not only receive their share of the assets owned at the date of death, but will also receive their share of the income generated by estate assets while the estate is being administered until its closing. For example, if the estate has $500,000 cash in an interest–bearing account, the interest earned after the date of death until the cash is distributed and the estate is closed is taxable income to the remainder beneficiary. They will receive a Schedule K–1 from the income tax return that the Estate files for the year. The income reported on the beneficiary's Schedule K–1 should be included on the beneficiary's Form 1040 as taxable income. It will not equal the amount of the inheritance, nor necessarily agree to any amount actually received by the ... Get more on HelpWriting.net ...
  • 22. Moral Indiscretion Of Public Trust Abstract The public trust is an important piece of fabric in the tapestry of society. The concept of the public trust comes from the basic framework of the democratic society ideal. The public trust can also be evidenced in and take the form of a charitable trust. Charitable trusts exist for the betterment and assistance to different elements and conditions within a society. The case analysis presented researches a sensitive and all–too–familiar topic: moral indiscretion that risks the public trust. The specific issue presented here is that of the perception of moral indiscretion(s) of the leader and founder of a private voluntary organization based on a media article. This paper shall research the facts of the case study and offer... Show more content on Helpwriting.net ... A clear policy on ethics, sexual harassment, and consensual relationships must be implemented, if not in place. Any non–disclosure or concealment of a relationship that could be construed as a potential conflict of interest should be grounds for immediate termination. The Board should also canvas the stakeholders and ask if there is any damage from the incident to their trust in the organization and its goals, mission and vision. This would avoid endless speculation and allow the organization to deal with facts. Kirk Hanson, in an ethics journal article chronicled the need for such protocols. He opines, "If an association today does not have a process for throwing out a member, it had better create one (Hanson, 2003). It has been said that, 'Honesty breeds trust, and the more trust areas in a society, the better that society functions (Starling, 2011)." It is difficult to regain trust and credibility once they are lost. Organizations such as the one in our case study are no exception. They have to be more alert to abuse than others, because they depend on the ... Get more on HelpWriting.net ...
  • 23. Re Manisty Essay Question Essay Question "As stated by Lord Evershed in Re Endacott, 'no principle perhaps has greater sanction or authority behind it than a general proposition that a trust by English law, not being a charitable trust, in order to be effective must have ascertained or ascertainable beneficiaries". However, although the certainty of object is an important principle, it appears that the question in regards to the certainty of objects is one that asks whether there is a limit on the flexibility that exists in regards to discretionary trusts–which applies the 'class test' as opposed to the more definitive 'list based test' applied to fixed trusts–it may therefore be more appropriate to ask, what degree of uncertainty will be tolerated by the courts?... Show more content on Helpwriting.net ... This decision can be clearly identified within Ansbacher Trustees Ltd, where it was stated that it would "be a highly unsatisfactory situation if such beneficiaries were held not to have standing to sue the trustees for breach of trust". These powers are of obvious importance to objects, who may need to draw upon these remedies, in instances where settlements have been created, for example, to avoid tax, such as what can be seen in the Vandervell case, or in The Exeter Settlement where it was mentioned "the power to add and delete beneficiaries from the class of potential objects of a discretionary trust originated from the need to obtain "maximum flexibility" in, for example tax planning strategies". These types of trusts are thus set up to provide more secrecy for the settlor; however they are vulnerable to being ... Get more on HelpWriting.net ...
  • 24. Express Trust Determining the certainty of intention, subject and object of express trust You write into your will, "I bequeath my assets to my son, John, and if John is under the age of 25, I direct that his inheritance shall be administered by my trustee until he attains the age of 25" These words likely constitutes an intention to create an express trust. You leave $3000 with your sister telling her; "I hope you used this money for the sole purpose of paying for my mother's care." Have you just created a trust or requested merely a moral obligation? Again, you are not a gambler, but went out on a shopping trip you noticed that a horse called "Equity" was running in the "Grand National" and you couldn't resist placing $50 on it to win. In the event the horse came in at 100–1 and you returned home to your family with $5000 and a broad smile. When your wife demanded, "did you bought Jimmy's birthday present, then you replied " I've ... Show more content on Helpwriting.net ... When the interests are not clearly delineated the trust fails and the trustee will hold a resulting trust in the testator's estate. In Gomez et al v Gomez et al the testator bequeathed residue of real and personal estate to Margaret, Joyce and Yvonne in equal shares. Yvonne predeceased testator. The court held that by listing the name of the beneficiaries, the share of Yvonne as to residue of realty and personalty lapsed and passed on intestacy. Compare Gomez v Gomez to Boyce v Boyce where the testator devised two houses to Maria and Charlotte, with Maria predeceasing the testator. It was held by the court in that case that Charlotte had no beneficial interest in uncertainty of the interest each was to take. There was in this case a resulting trust in the testator estate. Gomez v Gomez raised some doubt about the Boyce ratio, as the court seemed to prioritize a reasonability test over necessity test for a clear declaration and certainty of subject ... Get more on HelpWriting.net ...
  • 25. Does The Language Contained Be A Qualified Domestic Trust? I.QUESTION PRESENTED Does the language contained in Form M allow the trust it creates to qualify under I.R.C. В§ 2056A as a qualified domestic trust treatment? II.SHORT ANSWER Form M does not provide all of the required language needed to allow a trust to qualify for domestic trust treatment. It is missing two important portions of language needed to allow it to fulfill the qualification requirements contained in section 2056A and its accompanying regulations. First, it does not designate that the laws of a particular state will govern administration or be the location of record keeping. Secondly, the terms of the trust do not otherwise meet the requirements for the marital deduction under section 2056. Simple changes can be made to the ... Show more content on Helpwriting.net ... I.R.C. В§ 2056(d)(1). Congress has provided an exception to this general rule in the form of a qualified domestic trust (QDOT), which allows the property to qualify for the marital deduction if the trust meets certain requirements. I.R.C. В§ 2056(d)(2)(A). For a trust to qualify for QDOT status and the marital deduction, it must meet the seven requirements contained in the tax code and accompanying treasury regulations. I will separately discuss each requirement below and whether the currently language of Form M effectively fulfills that requirement. B.Designation of U.S State for Administration and Record Keeping The instrument creating the trust must designate that the laws of a U.S. state or the District of Columbia will govern the administration of the trust and that the trust must be maintained under this jurisdiction's laws. The trust records, or copies of these records, must be kept in the same state which is designated for the administration of the trust. Treas. Reg. В§ 20.2056A–2(a). The language of Form M does not specify or mention any state for the location for administration of the trust or as a location for record keeping. To qualify under this requirement, the document should include the following language or something similar: "This trust shall at all times be governed, construed and administered in accordance with the laws of the [Commonwealth of Virginia or other State]." C.Trust Must Qualify as "Ordinary Trust" The instrument must create a trust ... Get more on HelpWriting.net ...
  • 26. Special Purpose Entities or Variable Interest Entities:... Variable Interest Entities One topic that has generated much discussion and even some "bad blood" in the accounting profession and business community as a whole is variable interest entities, formerly known as "special purpose entities." One common definition of a variable interest entity is a legal business structure which does not have enough capital to support itself due to its lack of equity investors. The financial support for the variable interest entity is provided by an outside source, such as another corporation. A variable interest entity is often created by a corporation to serve as a holding company, which will hold assets or debt for the creating corporation. A corporation can use such a vehicle tofinance an investment ... Show more content on Helpwriting.net ... Often times, these types of agreements result from a contract between two companies that is created to change with identified "triggers" in the market. The most common types of contractual arrangements that result in the creation of a variable interest entity are options, leases with guarantee of value, guarantees of asset recovery values, and guarantees of debt repayment. These contractual agreements may exist simultaneously with a less than majority ownership interest in a variable interest entity. Most variable interest entities are special purpose entities, which are legally structured entities which are created to serve a specific, predetermined, limited purpose. A special purpose entity may legally exist as a corporation, partnership, trust, or any other legal entity. Under FIN 46, the primary beneficiary of a variable interest entity must consolidate the VIE in its financial statements. The primary beneficiary of a VIE is the entity that; will absorb a majority of the VIE's expected losses (more than 50%), and (or) will receive a majority of the VIE's expected residual returns (more than 50%). In certain situations, expected losses are given more weight than expected residual returns. In general, an entity is subject to consolidation if, by design, any of three conditions exist. (1) Equity investment at ... Get more on HelpWriting.net ...
  • 27. Trust Agreements Ask a Trust Attorney: What Type of Trust Agreement Is Best For Me? Trust agreements are extremely useful tools in the estate planning process. As part of a comprehensive estate plan, trust agreements can protect your assets, provide for your family, and provide for your care if you should become incapacitated. However, trust agreements are also complex documents that must be drafted carefully in order to meet your goals and comply with state and federal requirements for trust agreements. An experienced Jacksonville trust attorney can explain in detail the pros and cons of each type of trust agreement and help you decide the type of trust agreement that best meets your needs and goals. Call (910) 665–9134 to schedule an appointment with an ... Show more content on Helpwriting.net ... Once you place your assets into the trust, they must be administered according to the terms of the trust. Therefore, you must be very careful when choosing an irrevocable trust and drafting an irrevocable trust. An experienced trust attorney can explain in further detail the benefits of this type of trust agreement and why it may be the best choice for you. In some cases, an irrevocable trust can be a valuable tool in Medicaid/nursing home planning. Retirement Trust This is a specialized type of trust agreement that a trust attorney may recommend to protect your Individual Retirement Account from creditors. You can use a retirement trust to protect your IRA for the benefit of your beneficiaries. Because this is a specialized type of trust agreement, you want to consult a trust attorney before choosing this type of trust as part of your estate planning strategy. Special Needs Trust Special needs trusts are another type of specialized trusts that must be drafted very carefully to ensure the trust agreement meets all of the requirements for a special needs trust. The trust is designed to provide for the care of a disabled or special needs person and can also be used to hold assets so that the person will qualify for public benefits. The funds from a special needs trust is not distributed to the beneficiary directly but the funds are used to provide for the needs and care for the
  • 28. ... Get more on HelpWriting.net ...
  • 29. Differences Between Wills And Trusts Although people often confuse the terms, wills and trusts, while sometimes related, serve two different purposes. Determining which option best suits your individual needs will likely depend on several factors, including your personal concerns and current situation. Below, a Honolulu, HI estate planning attorney from Wills and TrustsHawaii highlights the differences between the two. What Is a Will? A will is a written legal document that allows you to dictate how your probate property will be distributed when you die. It can be revoked or amended at any point during your lifetime. A will also allows you to designate a guardian for your children, should you pass away before they are of legal aid. When a person dies without a will, the court ... Get more on HelpWriting.net ...
  • 30. “Approximately 114,000 Potential Beneficiaries With At "Approximately 114,000 potential beneficiaries with at least an associate's degree would be immediately eligible for conditional LPR status" (Starbuck, 2015). That's a big number of people who aren't currently getting the help and assistance they need to live in the US. "Another 612,000 potential beneficiaries would be immediately eligible for conditional status because they already have a high–school diploma or GED (Starbuck, 2015). These student would ultimately receive somewhat of an incentive to complete two years at a college or to service in the military in order to be permanent residents of the US. I honestly think it's unfair that they have to do anything to become citizens in the US other than just being a good person who is ... Show more content on Helpwriting.net ... This is a hot topic in Student Affairs, especially with DACA and the Trump administration coming into play. We discussed how some students are afraid to fill out paperwork because of what could happen from writing their name down on an official document, and I don't blame them. The research shows the DREAM Act is such an important tool in helping these students advance in life and stop living in fear. I remember in 2012 reading articles stating that Obama basically passed the DREAM Act by himself. I didn't do any research on it and I deffinetly did not know what the DREAM Act was my freshman year in college. Doing this research paper made me go back and look up those articles. One article (Amira, 2012) talks about a new Homeland Security policy which allows illegal immigrants between the ages of 15 and 30 years old, who came to the US at a young age will no longer have to live in fear of deportation. It's technically not citizenship, which the DREAM Act would grant, but it is better than nothing. Hermes, 2008 is a study that discusses two things: One being how the DREAM Act will establish a path for legal status and eventually earn legal residency through two years of higher education or military service and the second this is how repealing a provision of federal law ... Get more on HelpWriting.net ...
  • 31. Knowing Receipt and Breach of Trust Essay The personal liability of third parties for having received or dealt with trust rights or their traceable substitutes which they received in breach of trust is known as recipient liability. Knowing receipt arises where the recipient has some degree of knowledge that the property was received in breach of the trust or following receipt acquired some degree of knowledge that the rights were trust rights and dealth with them as his/her own instead of returning them to the trust. In Re Montagu's Settlement Trusts (1987) Megarry J held that in order to found a claim for knowing receipt, the defendant had to have actual knowledge that his receipt was in breach of trust or was 'willfully blind' shutting his eyes to the obvious; or willfully and ... Show more content on Helpwriting.net ... While imperfect the Montagu test does give some guidance as to the requirements of knowledge. The court of appeal in Akindele briefly referred to a new approach to the personal liability of a recipient known as the unjust enrichment approach. This approach does not disregard the issue of dishonesty entirely, rather it restricts the issue of dishonesty to the application of the change of position defence in that only an innocent recipient can avail themselves of this defence . While the unjust enrichment approach clearly has its attractions. Most cases of recipient liability are not really two party situations where the value is transferred from the beneficiaries to the third party; they are three party situations the trustee who was a conceptual feature of the trust is interposed between the beneficiaries and the recipient. It is to be noted that in Re Montagu the recipient was a volunteer , that is, who gave no consideration for the transfer of title so he could not count as equity's darling. In Akindele by contrast the defendant had given consideration under a valid contract for the assets he received. Should it be 'unconscionable' for a volunteer to retain the benefit of his receipt being one who paid nothing for what he received in breach of trust where as under a valid contract a defence of bona fide purchaser will always apply to commercial dealings. The law provides beneficiaries under a trust with better ... Get more on HelpWriting.net ...
  • 32. Settlor Case Certain assets of the beneficiary are exempted from determining eligibility under for SSI and Medi–Cal purposes (generally the same items). (42 U.S.C.A. В§ 1382b and 42 U.S.C.A. В§ 1396p(h) and Cal. Code Regs. tit. 22, В§ 50418.) Exempted assets are listed in the statute and generally include those assets listed under "Permissible Distributions" in the section below, Allowed Distributions. Those resource limits are $2,000 for an individual or $3,000 for a couple. (20 C.F.R. В§ 416.1205, Cal. Code Regs. tit. 22, В§ 50419 and Cal. Code Regs. tit. 22, В§ 50420.) Also, for eligibility purposes, the income and resources of a minor child are deemed to include the income and resources of the parents. (20 C.F.R. В§ 416.1202(b).) Assets held in valid and ... Show more content on Helpwriting.net ... Counsel should discuss all of these factors with the client. It is most common for a settlor providing for a disabled beneficiary to include provisions creating an SNT in their revocable trust or will. Such settlors do not want to deal with the complexities, or incur the cost, of creating and administrating an SNT during the settlor's lifetime. Rather, such settlors seek out and obtain whatever public benefits the beneficiary is entitled and simply pay out–of–pocket for any other necessary support payments. If the SNT is created by a will, the SNT will be administered in a probate filed with and supervised by the court. The settlor may wish to have the extra protection that court supervision provides. Alternatively, the settlor may prefer for the SNT to be administered through his or her living trust without the expense and inconvenience of court supervision. If there are problems which arise with the trustee or the trust, the beneficiary or someone on his or her behalf may petition the court for a ... Get more on HelpWriting.net ...
  • 33. Passing: A Beneficiary Of White Privilege Passing is a deception that enables a person to adopt certain roles or identities from which he would be barred by prevailing social standards in the absence of his misleading conduct. It is also the ability to appear to belong to another group. The ability to pass is itself a privilege because it allows an individual to claim the advantages of a more privileged group. In the media, passing becomes easier for certain groups than for others and certain types of passing are particularly celebrated: Privilege is when one group has something that others are denied due to the group they belong to. Some examples of privilege are male privilege, white privilege, and disability status (Adams et al., 2013). Sadly, we live in a society where not all individuals are given the same opportunities and rights as others. Just like Individuals tend to be split groups of passing and privilege it also coincides with the oppressed groups and privileged groups. Oppressed groups tend to be denied values such as equal rights or opportunities because of their culture.... Show more content on Helpwriting.net ... Although nobody was injured, Marissa Alexander received a twenty year prison sentence following the ... Get more on HelpWriting.net ...
  • 34. Essay On Beneficiary Designations Beneficiary designations are a very important part of estate planning but sometimes get overlooked or forgotten or overlooked in the process. In order to avoid potential disagreements and even legal battles in the future, ensure that you review your beneficiary designations on a regular basis to make sure they are up to date and reflect your current wishes. Even if you have a will, you still need to have beneficiary designations on your retirement and life insurance accounts. Your will does not cover these assets. Make sure to check all your life insurance policies, retirement accounts and annuities. Updating your beneficiary designations is just as important as creating an estate plan. Too often we find that beneficiary designations... Show more content on Helpwriting.net ... Discuss your estate plan with your loved ones. Being upfront about your wishes can help reduce the risk of disagreements and confusion. Openly discussing your estate plan goals will ease the distribution process and reduce the risk of legal battles down the road. How to Review your Beneficiary Designations Checking your beneficiary designations simply involves contacting the account holder and making a request for a copy of your current beneficiary designation form. If the beneficiary designation information on the form is incorrect, out of date or missing, you can request a change of beneficiary form. Complete the change of beneficiary designation form and submit it to the account holder. Be sure to include a copy of these forms with your estate planning documents so that your family members and loved ones are familiar with the beneficiary designations on your policies. We cannot overstate the importance of reviewing and updating your estate plan on a regular basis and recommend that you take the time to review all your beneficiary designations forms with an experienced estate planning attorney. To discuss your specific needs with one of our estate planning attorneys in Pittsburgh, please call us at Fingeret Law at 412.281.8222 or contact us ... Get more on HelpWriting.net ...
  • 35. The On The Investment Of The Trust (a) The first question considers whether there have been any breaches concerning the investment of the trust and, if so to consider the consequences. As mentioned the will contained no further provisions, therefore there are no express controls in the trust instrument with reference to investment so the following advice is on the basis that the trustees' powers are statutory. Furthermore we are not told of any provision purporting to exclude liability of the trustees. A trustee may make any kind of investment that he could make if he were entitled to the trust assets , this is referred to as "the general power of investment" . As there are no positive inclusions of a power to invest in a particular manner Fiona and Edwin have "the general power of investment". The earlier view of investment, is to purchase property from which interest or income is to accumulate: Re Wragg . However in more recent times it is accepted that an investment may include laying out money with an understanding of achieving a return. This view also includes a capital; Harries v Church commissioners for England ; Cowan v Scargill . On this basis investing ВЈ150,000 into the investment portfolio, a further ВЈ150,000 into Sound Plc and the remainder into the bank; would be regarded as legitimate investments; the trustee is under a duty "to employ money in the purchase of anything from which interest or profit is expected" The Trustees Act (TA) stipulates a duty of care to be imposed upon the ... Get more on HelpWriting.net ...
  • 36. The Three Certainty Of The Court Case: Knight V. Knight Introduction A trust can only be enforceable if it is sufficiently certain. The three certainties of a trust must coincide for a trust to become valid. Absence of any of the uncertainties makes a trust invalid from the start. The three certainties are certainty of the subject matter, certainty of intention and certainty of the objects. All these certainties must be established to make a trust valid. The purpose of the certainty requirement of trusts is to ensure compliance with the intentions of the settlor. For a trust to be enforced, there must be an individual who can compel the trustee to enforce the trust. The trust should also be capable of being implemented for the benefit of a beneficiary. The certainty requirement ensures that a trust is capable of being implemented failure to which would render the concept of trusts pointless. The three certainties The three certainties rule was established in Knight v Knight where the court held that the will was not specific enough to result in a valid trust. The court noted that in order for a trust instrument to be valid, it must be certain in intention, ... Show more content on Helpwriting.net ... He pointed out that a trust should not be dependent on this distinction and that a trustee should look for beneficiaries in order to fulfill their fiduciary duty under the trust. In his opinion, Lord Wilberforce, noted that a discretionary trust is a trust and the trustee must identify beneficiaries. He continued that where a trust was made for the benefit of a group, the complete list test will not be appropriate in establishing certainty of objects. The list of beneficiaries in a discretionary trust cannot be completed and the trustee is, therefore, not required to provide equal benefits for all beneficiaries. In his view, the most appropriate test would be to inquire whether an individual is or is not a member of a beneficial ... Get more on HelpWriting.net ...
  • 37. California Law: General Powers Of Trustee Exhibit A ARTICLE VIII. TRUSTEE POWERS A. General Powers of Trustee Subject to any limitations expressly stated in this document, the Trustee of each trust established under this document is authorized to exercise the following powers for purposes of discharging the Trustee duties imposed by this document and by law: 1. California Law. The powers conferred on Trustees by California law in the absence of a limitation in the trust instrument. These powers shall be deemed to include the power to invest in any kind of property without regard to statutory limitations, insurance, or collateralization requirements otherwise applicable, and the power to operate or participate in any business without complying with any otherwise applicable requirement ... Show more content on Helpwriting.net ... Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery; c. Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and d. Deposit the securities with a depositary or other regulated financial–service institution; 8. With respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries; 9. Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust; 10. Grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so
  • 38. ... Get more on HelpWriting.net ...
  • 39. Beneficiaries Essay DACA beneficiaries needed to apply for a propel parole venture out record with a specific end goal to re–enter the United States in the event that they exited the nation for any reason. DHS will never again support propel parole applications for DACA beneficiaries, however will by and large respect beforehand affirmed propel parole it allowed. Traditions and Border Patrol has specialist to practice watchfulness in deciding the acceptability of any individual introducing at the fringe and the qualification of such people for parole. DHS holds the expert to renounce or end a propel parole record whenever. Subsequently, DACA beneficiaries ought to deliberately consider going outside of theUnited States as it is hazy how these approach ... Show more content on Helpwriting.net ... Among respondents 25 years and more established, the figures are $41,621 and $37,595, separately. These higher wages are critical for beneficiaries and their families as well as for charge incomes and monetary development at the neighborhood, state, and government levels. A year ago, we noticed that further research is expected to parse out the short–and long–run wage impacts of DACA and additionally whether short–run picks up speak to a level of profit or if more vigorous long–run wage impacts may exist. 10This remaining parts, genuine. Be that as it may, as DACA beneficiaries are currently further along in their professions, and as we keep on seeing development in their income, it is likely there is considerably more space for beneficiaries' wages to develop. The prompt effect of wage increments is obvious in 69 percent of overview respondents revealing that their expanded10 income have and 71 percent announcing that their expanded profit have "helped my family fiscally." Among respondents 25 years and more established, these rates ascend to 73 percent and 74 percent, separately. POLITICAL RESOLUTION Politically the implication of DACA9 has improved the objective populace's probability of working by roughly 4 rate focuses. This expansion comes from an expansion in labor drive support and a diminishing in the joblessness rate of ... Get more on HelpWriting.net ...
  • 40. Question Bank : Property Transactions Question 1: Property Transactions Issue: Mrs Kerry works full time for an engineering consultancy company, and her husband James is a computer technician. Kerry has sold two properties over the past 24 months. She can't believe that New Zealand does not tax capital gains. She has come to see me for advice on whether tax would be imposed on the sale of the two properties. Law: Section CB 3: Amounts received from the sale of personal property derived from the carrying on or carrying out of any undertaking or scheme entered into or devised for the purpose of making a profit are taxable. Section CB 4: Where any personal property is acquired by a taxpayer for the purpose of resale, even if it is an isolated transaction unconnected with the normal trade or business, any resulting profit will be taxable. CB 6 Disposal: land acquired for purpose or with intention of disposal (1)An amount that a person derives from disposing of land is income of the person if they acquired the land. (a)For 1 or more purposes that included the purpose of disposing of it (b)With 1 or more intentions that included the intention of disposing of it. Taxpayers are taxable on any amount derived from the sale of land if the transaction falls within s CB6. Land acquired for the purpose or with the intention of resale (s CB 6). Exclusions: A Taxpayer's own private residence (s CB 16). The burden of proof is on the taxpayer to demonstrate that the purpose or intention was not to purchase the land for ... Get more on HelpWriting.net ...
  • 41. Inheritance Tax Analysis 1 – Introduction. This document will serve to demonstrate the options which are available for clients who are wishing to arrange strategies to mitigate and / or pay for inheritance tax (IHT) liabilities. It will provide an overview of products and arrangements that a financial adviser will consider when creating a financial plan for a client. 2 – Know Your Customer (KYC) When considering IHT planning for a client, an adviser must gain a thorough understanding of their client's financial situation through a "fact find." Through the process of capturing this information it is critical that an adviser uses closed and open questions to gather hard and soft facts to help build a clear picture of the client's financial situation. To build this... Show more content on Helpwriting.net ... There is a separate nil rate band for residential property, and this is an additional allowance for when a residence is passed on to a direct descendant by the deceased. To qualify in full, the net value of the estate must be below ВЈ2M. If the net value of the estate is above this, the additional nil rate band will be tapered away by ВЈ1 for every ВЈ2 above. The residential property nil rate band was introduced on the 6th of April 2017, and will increase in line with CPS for years after the phasing in period. During the phasing in period the limits will be: Date rangeResidential property nil rate band 2017/2018ВЈ100,000 2018/2019ВЈ125,000 2019/2020ВЈ150,000 2020/2021ВЈ175,000 4 – Wills Wills are a key element to effective estate planning and will ensure that upon death, your assets are distributed as per your wishes. For the family you leave behind, it can also simplify this process and reduce the stress at a difficult time. From an IHT perspective, wills can be quite useful as they can be drafted to take into account any exemptions or reliefs that you have planned. 5 – Trusts Assets can be placed in trust, thereby no longer forming part of the estate. There are a wide variety of different trust available, and are all suited to different situations. On 21st of March 2006, significant changes were made to tax treatment of trusts, which in turn has changed the landscape of how ... Get more on HelpWriting.net ...
  • 42. The Pros And Cons Of Dyadic Trust 2.2 Affective Component The affective component revolves around the feelings between the trustor and trustee. Feelings associated with the other party, the collective relationship, and the consequences of forming the relationship all factor into whether there is a positive or negative affective component within the dyad (Korsgaard, Brower, Lester). Jones says that "to trust someone is to have an attitude of optimism about her goodwill" and that, as a result of the trustee knowing that the trustor depends of them, the trustee will act in a manner beneficial to the relationship. Here, optimism means that a party expects a favorable outcome from the result of their trust. Multinational firms but have optimism that their partners have the competencies and the goodwill necessary to maintain a prosperous business relationship (Jones). It is important that firms assure the other that they have similar interests and make it clear that their attitude toward the other is optimistic, rather than pessimistic, so that trust can flourish. Furthermore, it is our opinion that each party needs to really feel that their partner is optimistic about them. It does not seem like trust would grow just because party A in a multinational firm knows that party B has a history of compliant and ethical behaviors and that they have the specific skills necessary to provide a ... Show more content on Helpwriting.net ... Dyadic Trust Current literature has, for the most part, failed to assess trust from a dyadic perspective, so their is no clear consensus among scholars. Korsgaard, Brower, and Lester, however, conceptualize and examine trust at the dyadic level and ascertain that there is more to observe about trust than what can be seen when only looking from the perspective of the trustor or the trustee. As the title of their article suggests, at a dyadic level, light shines on the fact that trust is not always mutual. As each party in simultaneously capable of being the trustor and trustee, trust gets messy. 3.1 An Emergent ... Get more on HelpWriting.net ...