ACCA Advanced Taxation (ATX) Practice Exam

Can a trust be created after a person's death?

1. Yes, but only under strict conditions

2. No, trusts can only be created while living

3. Yes, through a deed of variation

4. Yes, but only if it was planned before death

The correct answer is: Yes, through a deed of variation

A trust can indeed be established after a person's death primarily through the mechanism of a deed of variation. This legal document allows the beneficiaries of a deceased person's estate to change the distribution of the assets as originally laid out in the will. By executing a deed of variation, beneficiaries can direct assets to be held in trust for the benefit of others, thereby creating a trust after the deceased has passed away. This approach ensures that the intentions of the original deceased person's estate can be adapted to better suit the needs of the beneficiaries or changing family circumstances. Notably, such variations must comply with the legal requirements outlined in the relevant jurisdiction to be valid and may influence tax implications associated with the estate. Trusts created through other means, such as via a living estate plan or during a person's lifetime, illustrate how flexibility in estate management can vary. However, the key aspect of a deed of variation allows for the creation of a trust that responds to posthumous considerations, ensuring that asset management can continue to evolve even after a person's death.