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Testamentary trust
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Search complete. 11 mentions across 1 episode found for "Testamentary trust".
Sep 28, 2026
#104 Capital Reserved Trusts: Clever Strategy or False Security?
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5:18Tara LuckeHOST
And then the trustee has their powers to invest the capital and generate the income.
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5:27Tara LuckeHOST
So in a discretionary trust that is classified as a capital-reserved testamentary trust, Each year, the income is received by the trustee and there is a range of beneficiaries who are entitled to the income.
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5:44Tara LuckeHOST
And that will usually include spouses of the beneficiaries, so everyone in the whole family.
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5:51Tara LuckeHOST
And then...
5 MINS LATER
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11:18Tara LuckeHOST
Okay, so to recap, usually people use a capital reserved trust because they want to allocate the income to the spouse, but protect the capital for their bloodline or lineal descendants.
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11:36Tara LuckeHOST
So it's usually a tax strategy and they're trying to have their cake and eat it too, where they want to make sure that it's not exposed on a relationship breakdown to divorce proceedings, but they want to utilize the lower tax rate of a spouse.
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11:56Tara LuckeHOST
So to be a total cliche, let's say you've got parents who create a Capital Reserved Testamentary Trust for their adult son, and he is married, and they are in their mid-20s to mid-30s and building their family in that phase.
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12:19Tara LuckeHOST
Or maybe the wife is a stay-at-home parent and homemaker.