A Bare Trust Agreement is a legal document that establishes a trust, which is a legal relationship where one party holds assets on behalf of another. In this type of trust, the assets are held by a trustee for the beneficiary, but the trustee has no control over the assets and is simply holding them until they are transferred to the beneficiary.
The term “bare trust” comes from the fact that the trustee has no active role in managing the trust assets. Instead, the trustee is a passive holder of the assets until they are transferred to the beneficiary.
The assets held in a bare trust can include anything of value, such as property, investments, or cash. The terms of the trust are set out in a legal document, which outlines the duties and responsibilities of both the trustee and the beneficiary.
Bare trusts are often used in estate planning, where a parent or grandparent may set up a trust for a child or grandchild. In this case, the trustee holds the assets until the child or grandchild reaches a certain age, at which point the assets are transferred to them.
One advantage of a bare trust is that it is relatively simple and easy to set up. Unlike other types of trusts, there is no need for a complex legal structure or ongoing management of the trust assets. This makes it a cost-effective way to transfer assets to a beneficiary.
However, there are some drawbacks to a bare trust. Because the trustee has no control over the assets, they are vulnerable to the actions of the beneficiary. For example, if the beneficiary becomes bankrupt or is involved in a legal dispute, the assets held in the bare trust may be at risk.
Overall, a bare trust can be an effective way to transfer assets to a beneficiary, but it is important to consider the potential risks and seek professional advice before setting one up.