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What Is A Dynasty Trust?

On Behalf of | Jan 23, 2024 | Estate Planning

A dynasty trust is a long-term trust created to pass wealth from generation to generation without the assets being subjected to estate taxes at each transfer. Unlike traditional trusts, which typically terminate after a certain period or upon specific conditions, a dynasty trust can last for many generations.

By using a dynasty trust, families can significantly minimize the impact of avoiding estate taxes, which can be substantial with each generational transfer. This type of trust also ensures that the assets within it are managed according to the grantor’s wishes long after they have passed away.

How a dynasty trust works

A dynasty trust begins with the creator, or grantor, transferring assets into the trust. The trust is then managed by a designated trustee who oversees the assets and ensures they’re distributed according to the trust’s terms. This can include providing income to beneficiaries, funding education or any other stipulations the grantor specifies. The essential advantage is that once assets are placed in a dynasty trust, they are no longer part of the grantor’s estate for tax purposes. This reduces estate taxes upon their death.

The trust’s beneficiaries typically include the grantor’s children, grandchildren and future generations. Each beneficiary can receive benefits from the trust without owning the assets directly. This separation of benefit and ownership shields the assets from estate taxes at each generational level. As long as the assets remain in the trust, they are protected from these taxes, allowing the wealth to grow and benefit multiple generations.

Tax advantages and considerations

One of the primary benefits of a dynasty trust is its ability to minimize estate taxes. Under U.S. law, estate taxes can claim a significant portion of a person’s wealth at the time of their death. Assets placed in a dynasty trust are generally exempt from these taxes because the trust becomes the assets’ legal owner. As the trust’s assets grow over time, repeated taxation at each generational transfer doesn’t diminish them.

Dynasty trusts are also subject to the generation-skipping transfer tax (GSTT). This tax is designed to apply to transfers to individuals at least two generations below the grantor, such as grandchildren. The GSTT is levied in addition to estate taxes but can be significantly mitigated with proper planning and allocation of the GSTT exemption.

Understanding and navigating these tax implications is crucial for maximizing the benefits of a dynasty trust. Seeking legal guidance can help families that are interested in exploring these kinds of trusts to craft them in ways that meet their needs.