Category: Disability Trusts

Given the above, these are a couple of typical scenarios that come up: Person on PWD, 30 years old, full capacity, with $430K inheritance: Person on PWD, 40 years old, full capacity, with $900K inheritance: There are obviously other options, but these examples show how, by understanding the rules, you can give your people a… Continue Reading Disability Trusts: Typical Scenarios

Creating a Trust in a Will post-death The are a number of situations where a PWD recipient’s parent’s will needs to be modified, for example: In each of these cases an application under s. 60 of the Wills and Estates Succession Act, within 180 days of granting probate, will often give the relief needed. The… Continue Reading Disability Trusts: Common Law and Statutory Trust Issues

Besides PWD issues, you’ll spend a fair amount of time on tax-related trust issues. Fortunately, there are a number of disability and disability-trust rules that aren’t available to other folks. As trusts are often needed for PWD and for over-coming capacity issues, factoring tax-efficiency is crucial. Disability Tax Credit Qualified Disability Trust Insurance/Additional Testamentary Trusts… Continue Reading Disability Trusts: Income Tax Issues

If you’re reading this section, you probably know that I spent twenty-five years of my legal career helping clients with “disability trusts” – making them, breaking them, managing them and everything in between. The following is a summary of what I learned about trusts during this period. While I believe the law is fairly up… Continue Reading Disability Trusts: Persons with Disabilities Benefits Issues