Trust structure

Vesting a trust means to terminate the trust. 

A trust deed usually specifies a date, or an event (such as the youngest beneficiary attaining a certain age), on which the interests in the trust property must vest. The deed may describe this as the 'vesting date' or 'termination date'.

The trustee intending to vest a trust should carefully examine the trust deed to ensure adherence to its terms.

The trustee should:

  • make written trust resolutions to record the trustee's decisions throughout the vesting process. This is particularly important where the trustee has the discretion to exclude the distribution of income or capital from the winding-up process to one or more beneficiaries, unit holders, or classes of unit holders
  • document forgiving or assigning related entity loans receivable and payable, and determine the tax consequences of forgiving a loan
  • examine the rights attached to each unit class, where the trust is a unit trust. This will determine which unit classes are eligible to receive distributions if the trust is being wound up
  • record the decision made if the trust deed provides for the trustee to transfer assets to a beneficiary or unit holder to satisfy a distribution of income or capital where the trust is being wound up
  • consider getting a valuation of the asset. This will show that the asset being transferred does not exceed the amount to which the beneficiary or unit holder is presently entitled. A transfer of the asset could potentially result in a capital gains tax event to the trust. The trustee should consider the tax consequences
  • notify beneficiaries and unit holders of their share of the income or capital of the trust so they can determine and report their tax obligations.