Irrevocable Trust Template

Irrevocable Living Trust Template

An irrevocable trust form is a legal document that establishes the terms and conditions of an irrevocable trust. It outlines the assets in the trust, the beneficiaries, and the conditions under which the trust can be terminated or modified.

The form also includes information on the trustee, who manages the trust, and the responsibilities and duties associated with this role.

Considerations

What Is an Irrevocable Trust?

An irrevocable trust is a type of trust that cannot be changed once it is created. Unlike a revocable trust, its terms are not flexible and cannot be modified easily. However, in some instances, changes can be made to an irrevocable trust through Trust Reformations.

The trust’s primary purpose is to provide greater protection for its assets and separate them from the grantor’s relationship with them. This can create a “shelter” that exempts assets from legal problems the grantor or beneficiary faces, protects them from creditors, and prevents them from being included in divorce settlements.

How Does an Irrevocable Trust Work?

An irrevocable trust is created when the grantor transfers specific assets to the trust, which removes them from their taxable estate. The trust is managed by a trustee responsible for managing the assets and carrying out the grantor’s wishes as outlined in the trust document. The beneficiary has no control over the trust assets, and the trust cannot be modified or terminated without the beneficiary’s consent.

This structure allows the grantor to benefit from reduced tax liabilities and other financial benefits while protecting their assets and ensuring their loved ones are provided for in a tax-efficient manner.

Taxation

Unlike revocable trusts, where the person who created the trust is responsible for paying income taxes, irrevocable trusts must obtain their own tax identification numbers and file their own tax returns to report any income earned from them.

In this case, the trust becomes a separate entity for tax purposes and is responsible for paying its own taxes. Additionally, any assets or property held are not subject to estate taxes.

Sample

Below, you can download an irrevocable living trust template in PDF or Word format: