What is a Split Interest Trust? A Comprehensive Legal Overview

Definition & Meaning

A split interest trust is a type of irrevocable trust designed to benefit both individual beneficiaries and charitable organizations. In this arrangement, the trust distributes income to the beneficiaries for a specified period. After this period ends, the remaining assets in the trust are transferred to a designated charity. This structure allows beneficiaries to receive income while also supporting charitable causes.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person establishes a split interest trust to provide income to their children for ten years. After that period, the remaining assets go to a local charity.

Example 2: An individual sets up a split interest trust that pays annual income to their spouse for life, with the remainder going to a university scholarship fund after the spouse's passing. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Key Difference
California Specific tax benefits may vary based on state laws.
New York Different regulations regarding charitable deductions may apply.
Texas State laws may affect the administration of the trust.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Difference
Charitable Remainder Trust A trust that pays income to a beneficiary for a term, with the remainder going to charity. Split interest trusts can also benefit multiple beneficiaries, not just one.
Living Trust A trust created during a person's lifetime to manage their assets. Living trusts do not necessarily involve charitable donations or split interests.

What to do if this term applies to you

If you are considering a split interest trust, start by evaluating your financial situation and charitable goals. Consult with a legal professional to ensure that the trust is set up correctly and meets your needs. Additionally, you can explore US Legal Forms for templates and resources that can assist you in creating the necessary documents.

Quick facts

Attribute Details
Type of Trust Irrevocable
Beneficiaries Individuals and charities
Tax Benefits Potential reduction in capital gains and estate taxes
Duration Specified period for income distribution

Key takeaways

Frequently asked questions

The main purpose is to provide income to beneficiaries while ultimately benefiting a charity.