A trust is an agreement that allows a third party, or trustee, to hold assets on behalf of a beneficiary. Common objectives for trusts are to reduce the estate tax liability, to protect property in the estate and to avoid probate.
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Inter vivos trusts:
An Inter vivos trust directly translates as a trust between the living. This is the form of a trust that is used for family trusts, property and charitable trusts. This trust is created by means of the trust deed during the life time of the founder. The trust is usually funded by means of donation or loan. The inter vivos trust is used in estate planning, tax structuring and the protection of assets.
Mortis causa trusts:
A mortis causa trust directly translates as a trust between the dead and the living. Such a trust created upon the death of a testator and is provided for in the deceased will. This trust is not registered while the testator is still alive and only when the testator dies. The need of such a trust arises from the need to protect beneficiaries such as minor children.
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