Retirement Accounts: Conduit Trust Provision | Practical Law
A provision creating a see-through conduit trust that may be included in the will or trust instrument of the owner of certain eligible retirement plans, such as 401(k) plans and IRAs. This provision allows the account owner to direct the retirement account proceeds, at the owner's death, to a trust for the benefit of a certain type of beneficiary (referred to as an eligible designated beneficiary) without compromising the lifetime stretch payout period and related income tax benefits otherwise available to that beneficiary. This Standard Clause can be used to create a conduit trust for either a spouse or a non-spouse eligible designated beneficiary. This Standard Clause has integrated notes with important explanations and drafting tips.