The settlor may designate the settlor's spouse as life beneficiary
who may then utilize the premises in that capacity during the beneficiary's lifetime.
As with the charitable remainder unitrust, the total return unitrust requires the trustee to pay a fixed percentage of the trust principal to the life beneficiary
Because the trust beneficiaries were the taxpayer's mother (a life beneficiary
) and her siblings (remainder beneficiaries), the exchange was with related parties.
The capital was, on the death of the life beneficiary
, added to the estate, and inheritance tax chargeable on that amount.
If a donor designates himself or herself as the life beneficiary
(the person who benefits from the trust during his or her lifetime), then the account of the life beneficiary
is subject to certain limitations.
Martha Allen was the life beneficiary
of the trust, making her the sole recipient of all income derived from the trust investments until her death.
For example, if a total return unitrust provides for payment of five percent of the trust assets to the lifetime beneficiary and the trust is $1 million, the annual distribution to the life beneficiary
The decedent was a life beneficiary
of a testamentary trust created by her deceased husband.
This risk could be mitigated by naming a joint life beneficiary
. But, as in any transaction involving a gift of assets to charity, there must be true donative intent on the donor's part.
20.2056(b)-5(f)(1) states that a surviving spouse is regarded as "entitled for life to all of the income" from the trust property only if she has that degree of beneficial enjoyment of the property that is accorded a person who is unqualifiably designated as a life beneficiary
. In effect, the income interest to the surviving spouse should be commensurate with the value of the corpus and with its preservation.