Trust(overview):FINANCIAL PLANNING FOR SPECIAL NEEDS FAMILIES – BLOG 7
Continuing with the ‘Financial Planning for Special Needs Families’ Series, in today’s blog I am discussing about Special Needs Private Trust. This blog is an overview about Trusts. I will be discussing various aspects of Trust in upcoming blogs.
Parents of special needs children are all the time haunted by insecurities as to what will happen to their child after they are no more. Accordingly, they want to ensure that their child is able to lead a financially independent and dignified life after they are gone.
Private Trust is an effective financial tool in such cases which takes care that the assets are properly looked after by the Trustees for the benefit of the Beneficiary and a secure future is created for the child.
As per the Indian Trust Act, a Family Private Trust can be set up by Parents, Grandparents or Legal guardians of the child. When a Private Trust is formed, the special needs child is the ‘Beneficiary’ of this trust. The Person who sets up the Trust (usually Parent) is the ‘Settlor’ and identifies ‘Trustees’ who will manage the assets of this Trust for the benefit of child.
While setting up a Trust, it is very important to estimate the lifetime care cost of your special needs child as it will help to understand how much funds or assets should be transferred to the Trust. These funds should be enough to manage the child’s affairs and bear the cost of trust if any.
Sharing some important points to help in understanding the structure of Private Trust.
What is a SPECIAL NEEDS (PRIVATE) TRUST?
Section 8 of the Indian Trusts Act, 1882 defines “Trust” is as an instrument used for safeguarding the interest of the Settlor and safeguarding beneficiaries, majorly minors and those who are unable to protect their interests.
ELEMENTS OF PRIVATE TRUST
ELEMENTS OF TRUST:
• Author/Settlor – person giving the property or creating the trust
• Trustee – holds the property for another’s benefit and manage the trust funds as per the trust deed. Minimum 2 trustees are needed and it is recommended to include legal guardian as trustee.
• Beneficiary – person for whose benefit trust if created/in whose favour the property is bequeathed
• Trust property – Movable and immovable property used for the benefit of Beneficiary
• Trust Deed – A legal document validating the setting up of a private trust. A Trust Deed lays down provisions regarding the rules and powers of the trustees, management of funds, dos and don’ts, income distribution to the beneficiary, the winding up of trust, etc.
Special needs trust
– Beneficiary receives 100% of the share of income
– Trust dissolves only on the demise of the beneficiary or when the purpose for which the trust was created is achieved
– Income earned by the trust is utilised for the benefit of the special needs beneficiary, such benefits being spelt out in the trust deed
Laws governing Private Trust
– Indian Trusts Act 1882
– Income Tax Act 1961
Above is the overview about Special Needs Private Trust. Hope you find it useful.You can read more about Trust on http://www.autismfinancialplanning.com which is a financial information desk for special needs families.
Feel free to connect with me on WhatsApp number +91 9910353219 or email firstname.lastname@example.org.
Author Shivani Lohia
Shivani Lohia is a Chartered Accountant by profession and mother to 8 years old child on the autism spectrum. The cause of autism awareness is very close to her heart and she strongly believes in equal education for all & strongly advocates inclusion. She has been homeschooling her son since he was 5 years old.
Creative representation for this blog is done by our extremely talented CreativeSaathi associate Nikhil Thotam