Section 22 Separate Property

• Library: Trust and Estate Legislation 2012

One spouse’s separate property may be transferred to a QSJT. But if it is a true joint trust, the other spouse will obtain considerable power over the separate property so transferred. If the QSJT is a separate share tax planning trust, a spouse’s separate property may be transferred to that spouse’s separate share. An option is to keep the spouse’s separate property outside of the trust but subject the property to
a transfer-on-death designation to the trust at the time of
the death of that spouse...