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"Contingent Trusts" are simple trusts included in most Wills for beneficiaries who need a trust, but who are not covered by any other trusts created in the Will. It would practically be considered legal malpractice for a Will not to have a Contingent Trust in it, at the very least. Contingent Trusts terminate when the beneficiary reaches the specified termination age (such as age 25); however, it is also common for a Contingent Trust to have multiple staged terminations (e.g., 1⁄3 at age 25, 1⁄2 of the balance at age 30, and the balance at age 35). During the term of the Contingent Trust, the trustee makes distributions from the trust to or for the benefit of the beneficiary for his/her health, support, maintenance and education. If the beneficiary dies before reaching the trust termination age, the assets in the beneficiary's Contingent Trust will usually be distributed to his/her children, if any, otherwise to his/her siblings. In "simple" Wills, Contingent Trusts typically apply to an individual entitled to a share of the estate who is either "too young" (such as a minor) or mentally incapacitated. In Wills with Second Generation Planning, Contingent Trusts usually apply to persons other than children, grandchildren and other descendants (because Descendant's Trusts, which are "higher quality trusts," are used for descendants). When a Contingent Trust terminates due to the beneficiary reaching the specified age, all trust assets are distributed to the beneficiary, outright and free of trust. Thus, all trust benefits expire at that time.
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