Personal Trust

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A personal trust is:

  • a graduated rate estate; or
  • a trust created gratuitously in which no beneficiary right was acquired for consideration to be paid, directly or indirectly, to the trust or to a person or partnership that contributed to the trust, in order to acquire a beneficial interest. The settlor may acquire all the interests in the trust without the trust losing its status as a personal trust. The same is true for settlors that are related to each other.
Note
  • The term “personal trust” includes:
    • a spousal trust,
    • a joint spousal trust,
    • an alter ego trust or a self-benefit trust,
    • a trust for a beneficiary under 21 years of age,
    • a deemed trust.
  • A unit trust is not considered to be a personal trust.

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