Setting up a family trust can be an intelligent way to manage and protect your family’s assets, but getting everything set up correctly is essential. At GTA Accounting, we help families establish trusts with the proper legal framework to ensure their assets are managed and distributed according to their wishes. Here’s a step-by-step guide to setting up a family trust and the information you’ll need to provide.

What is a Family Trust?

A family trust is a legal arrangement where a trustee holds and manages assets for the benefit of the beneficiaries. It’s commonly used to protect family assets, minimize taxes, and ensure that wealth is passed down to future generations in an organized way.

Creating a Family Trust is a powerful way to manage and protect your assets for future generations. Whether you want to minimize taxes, ensure the smooth transfer of wealth, or protect assets from creditors, establishing a Family Trust requires careful planning and detailed information. To make the process easier, GTA Accounting has compiled this checklist outlining the essential information you need to gather before setting up your Family Trust.

1. Identification of Settlor (Trust Creator)

The settlor is the individual who creates the trust by transferring assets into it. You'll need to provide:

  • Full legal name of the settlor
  • Date of birth
  • Social Insurance Number (SIN)
  • Current address and contact details
  • Identification documents (e.g., passport or driver's license)

2. Trustees Information

The trustee manages the trust in the beneficiaries' best interests. You may appoint one or multiple trustees. Required information includes:

  • Full legal name(s) of trustee(s)
  • SIN of trustee(s)
  • Contact details (phone, email, and address)
  • Trustee appointment documents (if already prepared)
  • Identification documents for all trustees

3. Beneficiaries Information

Beneficiaries are the individuals or entities who will benefit from the trust. This includes family members, charities, or any other designated party. You will need:

  • Full legal name(s) of all beneficiaries
  • Relationship to the settlor
  • Date of birth for each beneficiary
  • SIN of beneficiaries (if applicable)
  • Addresses and contact details
  • Any specific instructions for distribution (e.g., timing or conditions for payouts)

4. Trust Assets and Property Information

A Family Trust can hold various assets, from real estate to investments. Documenting all assets you plan to include in the trust is crucial. You’ll need to provide:

  1. A detailed list of assets to be transferred into the trust (real estate, bank accounts, investments, shares, etc.)
  2. Real estate property deeds, addresses, and valuations
  3. Titles or ownership documents for any other property
  4. Bank account numbers, statements, and relevant financial details
  5. Investment portfolios and securities information (including bonds, stocks, and mutual funds
  6. Any business interests or private company shares to be transferred

5. Purpose and Structure of the Trust

Clearly defining the purpose and structure of the trust helps the trustee understand your intentions and ensures that the trust operates effectively. You’ll need to decide:

  • The specific goals of the trust (e.g., wealth preservation, tax planning, asset protection)
  • Whether the trust is **revocable** (you can amend it) or **irrevocable** (once created, it cannot be changed)
  • The trust's duration (e.g., will it expire at a specific date or event?)
  •  Instructions regarding distributions to beneficiaries (timing, conditions, etc.)
  • Whether the trust will include any provisions for charitable donations

6. Tax Information and Reporting

Family Trusts are subject to specific tax regulations. Be sure to have the following information on hand:

  • CRA tax ID number for the trust (if applicable)
  • Estimated annual income generated by trust assets
  • Tax filings for the previous year (if this is an existing trust being transferred or amended)
  • Details about any foreign assets held by the trust (if applicable)

7. Legal and Financial Advisor Information

While setting up a Family Trust, it’s crucial to work with legal and financial experts to ensure the trust complies with all relevant laws and regulations. You will need:

  • Contact details for your legal advisor or lawyer
  • Contact information for your financial planner or accountant
  • Copies of any existing legal agreements or documents related to the trust

8. Other Considerations and Special Instructions

Sometimes, the Family Trust may include specific instructions or unique provisions. These might include:

  • Special clauses to protect beneficiaries (e.g., minors or individuals with disabilities)
  • Instructions for handling complex assets such as intellectual property or business interests
  • Provisions for alternate trustees or successor trustees in case the appointed trustee is unable to serve
  • Guardianship provisions for minor children (if the trust is designed for their care)

How GTA Accounting Can Help

Setting up a family trust involves legal and tax considerations, so getting professional advice is essential. At GTA Accounting, we can guide you through the entire process, ensuring that your trust is set up correctly and meets your needs. We’ll help you complete the necessary forms, provide legal advice, and handle all the tax aspects of the trust.

Final Steps in Establishing Your Family Trust

Once you’ve gathered the necessary information, the next step is to work with a legal expert to draft the trust deed or agreement. The trust deed will outline all terms and conditions for the trust’s operation and serve as the trustees' guiding document. 

At GTA Accounting, we help you set up your Family Trust, ensuring that all legal, financial, and tax implications are considered. With proper planning and expert advice, you can ensure that your assets are well-protected and your wishes are followed.

If you’re considering setting up a family trust, getting started is easy with the right help. At GTA Accounting, we’ll ensure your trust is set up correctly so you can protect your family’s assets and plan for the future. Contact us today to learn more about family trusts and how we can assist you.