Special Needs Trust Clause for Revocable Trust | Practical Law

Special Needs Trust Clause for Revocable Trust | Practical Law

A Standard Clause creating a third-party special needs trust for use in a revocable trust instrument that can be customized for use in any US jurisdiction. A settlor may include this Standard Clause in a revocable trust instrument to make a specific gift in trust to a beneficiary receiving government benefits on the settlor's death without jeopardizing the beneficiary's eligibility for certain means-tested government benefits or as a savings provision to create a special needs trust to receive distributions that otherwise pass outright to certain beneficiaries if those beneficiaries are receiving means-tested government benefits when the distribution is to be made.

Special Needs Trust Clause for Revocable Trust

Practical Law Standard Clauses w-028-2526 (Approx. 19 pages)

Special Needs Trust Clause for Revocable Trust

by Practical Law Trusts & Estates
MaintainedUSA (National/Federal)
A Standard Clause creating a third-party special needs trust for use in a revocable trust instrument that can be customized for use in any US jurisdiction. A settlor may include this Standard Clause in a revocable trust instrument to make a specific gift in trust to a beneficiary receiving government benefits on the settlor's death without jeopardizing the beneficiary's eligibility for certain means-tested government benefits or as a savings provision to create a special needs trust to receive distributions that otherwise pass outright to certain beneficiaries if those beneficiaries are receiving means-tested government benefits when the distribution is to be made.