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Common Law Trust

A common law trust is a financial agreement by which a person or entity transfers ownership of assets to another person or entity through the creation of a trust deed. A common law trust is often simply referred to as trust and it is a private contract two parties to help grow the assets of the trust.

What makes common law trust unique is that it allows the trustee to have the legal title to assets while the beneficiaries of the trust enjoy the assets. This is a great legal structure for families and individuals with a sizable amount of assets.

Trusts are very common in wealthy families and institutions. It’s a vehicle for generational wealth as the trust is led by a trustee that makes smart investments on behalf of the trust. There are different types of trust structures and each one has its own specific advantages and disadvantages.

Common Law Trust Vs. Statutory Trust

The specific rules and regulations of a common law depend on the state. For example, the state of Delaware has ever-changing regulations regarding common law trusts.

Common law trusts are used when a statutory trust does not make sense because of state regulations or tax concerns. For this reason, it is sometimes referred to as a pass-through trust agreement. Common law trusts are regulated by the state's law jurisdiction.

Setting up a common law trust requires the following steps:

Common Law Trusts Vs Statutory Trust

Common law trust and statutory trusts have different requirements for filing and operating. Common law trusts are created without public officials. The individuals of the trust are eligible to legally sue, or be sued, for violating the terms of the common law trust. However, they must do so in their own name.

A statutory trust, on the other hand, is considered to be a juridical category. It is separated from the trusts parties and a legal lawsuit can be initiated in its name.

The statutory trust is often regarded as a type of business organization. Statutory trusts must follow these regulations:

In common law a trust doesn’t have to be recorded with the public. In common law the beneficiaries don’t have to have the knowledge of the benefactor, they don’t have to know who the grantor is. The trustee doesn’t have to disclose.

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