21 Nov 2008
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A death can cause financial disruption, particularly if the death is sudden and unexpected. Probate can often be costly and involve publicity and considerable delay. A Trust, created well in advance of death, with appropriate guidelines regarding the Settlor's wishes, can avoid these problems. When properly drafted, the trust can provide for the distribution of income and capital on the death of the Settlor, either at some designated date in the future, or at the perpetuity period of eighty years. The Settlor can provide a Memorandum of Wishes to the Trustees which, though not legally binding, can detail the desires of the Settlor in respect of payments of income and capital to the beneficiary or beneficiaries. It can also detail any other wishes and conditions. The Trustees, at their discretion, will consider the Memorandum of Wishes as the preference of the Settlor, but not as binding written instructions.

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