Publications
U.S. Trust and Estate Planning 美國信託規劃實務（英文部分）
Chapter 3 U.S. Revocable Dynasty Trusts
What are the roles in a Foreign Grantor Trust?
The roles in a Foreign Grantor Trust (FGT) may be customized to the family’s needs; however, the roles and responsibilities are similar in nature to those that are found in an U.S. Irrevocable Non-Grantor Trust with certain notable exceptions:
Note: For a detailed explanation of the remainder of the roles in a trust agreement, please refer to the section of Chapter 2 that discusses the roles and responsibilities of the trust’s fiduciaries.
1. The Grantor retains the right to revoke the trust, which makes the trust a revocable trust rather than an irrevocable trust.
2. The Grantor retains the right to distribute all (and any) of the trust assets to whomever during the grantor’s lifetime.
3. The trust agreement will have provisions that provide that the trust will remain a grantor trust unless the Grantor passes away or until the Grantor explicitly and unilaterally relinquish his right to revoke the trust. In either scenario, the trust will henceforth become an irrevocable trust.
4. The trust agreement would typically incorporate language that would facilitate the transition of the FGT to a U.S. irrevocable non-grantor trust. This would be especially important if the trust has current or future U.S.-based beneficiaries.
Note: For a detailed explanation of the remainder of the roles in a trust agreement, please refer to the section of Chapter 2 that discusses the roles and responsibilities of the trust’s fiduciaries.
