The rating agency has also received a communication on this matter. The question arose as to whether tax returns for fiduciary accounts were necessary when the reference to paragraph 75, paragraph 2 of the Income Tax Act does not apply (i.e. in cases of irrevocable trust) and, moreover, whether it is necessary when there is only one beneficiary. In document 98339995, the rating agency stated that if a trust exists, even in the case of an informal “In Trust For” account, a T-3 return should normally be submitted to the trust, regardless of whether or not question 75 (2) applies. In particular, the agent would be required to present a T-3 return each year during which the trust has transferred capital. This applies regardless of the number of beneficiaries of the trust. As mentioned above, a trust is treated as an individual for income tax purposes. The trust is considered investment income and all income held in a trust (testamentary or inter vivo) is taxed at the maximum tax rate (a Graduated Rate Estate (GRE) and Qualified Disability Trust (QDT) are taxed at staggered rates).1 In the absence of formal confidence, Manulife requires a declaration of confidence outlining the conditions under which the agent holds the funds. Trusts may be created by the express intentions of Settlors  or may be created by the application of laws known as implicit trusts.
A tacit trust is created by a court of justice because of the actions or situations of the parties. Implicit positions of trust are divided into two categories: result and constructive. The resulting confidence is implicit in the law in establishing the presumed intentions of the parties, but it does not take into account their explicit intent. Constructive trust is a legal trust in establishing justice between the parties, regardless of their intentions. The agent is the rightful owner of the property with confidence, as an agent for the beneficiary, who is the fair owner (s) of the fiduciary property. Agents therefore have a duty of trust to manage the trust for the benefit of the right owners. They must report regular accounting of fiduciary revenues and expenses. Directors may be compensated and their expenses reimbursed. A competent court may remove an agent who violates his fiduciary duty.
Certain breaches of the duty of trust may be charged in court and tried as offences. Negative aspects of using living trust as opposed to a will and estate include upstream legal fees, the cost of administering the trust, and the absence of certain guarantees. The cost of the trust can be as high as 1% of the estate per year, compared to the one-time estate fee of 1 to 4% for the applicable reduction, whether or not there is a design will. Unlike trusts, wills must be signed by two or three witnesses, the number depends on the law of jurisdiction in which the will is executed. The legal protection that applies to the estate, but does not automatically apply to trusts, includes provisions that protect the scammer`s estate from mismanagement or misappropriation of funds, for example.B. Requirements for obligation, insurance and the ventilated accounting of estate assets.