Living Trust


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A Living Trust is a legal instrument that ensures your assets and properties are efficiently managed during your li ...

Secure your assets with our Living Trust services, tailored for your needs.

Experience seamless asset management and distribution with our expert guidance.

Ensure your family’s financial future with our robust legal framework.

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Living Trust Registration Process

  • Schedule call with the Lawyer

    Customer discusses requirements and shares details of the properties

  • Drafting the Trust Deed

    Lawyer drafts the Trust Deed

  • Registration appointment

    Registration appointment is scheduled

  • Trust Registration

    Trust is registered at the Sub-Registrar’s office

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Schedule call with the Lawyer

Customer discusses requirements and shares details of the properties

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Arrow pointing to next blockArrow pointing to next block

Drafting the Trust Deed

Lawyer drafts the Trust Deed

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Registration appointment

Registration appointment is scheduled


Trust Registration

Trust is registered at the Sub-Registrar’s office

Contents of a Trust

  • Name-of-Trust

    Name of Trust

    A unique name for the trust.

  • Trust Creator Information

    Trust Creator Information

    The details of the person creating the trust.

  • trustee information

    Trustee Information

    Details about the trustee(s) appointed to manage the trust

  • beneficiaries


    Information on who will receive the benefits from the trust

  • assets and property details

    Assets and Property Details

    A comprehensive list of the assets and properties placed under the trust.

  • trust objectives

    Trust Objectives

    The reasons or objectives behind creating the trust.

  • terms and conditions

    Terms and Conditions

    The rules and regulations governing the trust’s operation.

Benefits of Registering Living Trust

  • Avoidance-of-Probate

    Avoiding Probate

    Unlike a will, a Living Trust allows your estate to avoid probate, saving your beneficiaries from a time-consuming and often expensive process.

  • Privacy


    The details of a Trust are not made public, maintaining your estate's confidentiality.

  • flexibility


    Living Trusts may be revocable, meaning they can be altered, modified, or completely revoked during your lifetime.

  • Protection against Legal Challenges

    Protection against Legal Challenges

    A properly drafted Living Trust Deed can be more resistant to legal disputes and challenges compared to a will.

  • Continuity of Asset Management

    Continuity of Asset Management

    In case of incapacitation, a designated trustee can continue to manage your affairs without the need for court intervention.

Prerequisites for Drafting a Living Trust

  • Trust Deed

    Trust Deed

    This is the primary document required. It includes all relevant details about the trust such as the name, objectives, details about the settlor, trustee(s), beneficiaries, rules and regulations of the trust, etc.

  • Identification Proof

    Identification and Address Proof of Settlor and Trustees

    This can include Aadhaar Card, Passport, Voter ID, or Driving License.

  • passport photograph

    Passport Size Photographs of the Settlor and Trustees

    Recent photographs of Settlor and trustees are required.

  • Declaration

    Declaration by Settlor and Trustees

    A signed declaration stating their willingness to act as settlor and trustees respectively, and that they are not legally disqualified from acting as such.

  • Proof of Property

    Proof of Trust Property

    Any property that is part of the trust needs to be documented. If there is no immovable property, a nominal amount of trust money must be specified.

  • Payment of Stamp Duty

    Registration Fee

    Proof of payment of the applicable registration fee and stamp duty.

Registration Process

  • 1

    Discuss your requirements with the Lawyer

  • 2

    Lawyer drafts the Trust Deed

  • 3

    Schedule appointment at the Sub-Registrar Office

  • 4

    Present relevant documents

  • 5

    Signatures of 2 Witnesses in the presence of the Sub-Registrar

  • 6

    Trust is registered

Deliverables of a Registered Living Trust

  • schedule_black_24dp

    Trust Consultation

    An initial consultation with an experienced lawyer to understand your estate planning objectives and requirements.

  • description_black_24dp (1)

    Trust Deed Preparation

    Drafting of a comprehensive and legally sound Trust Deed tailored to meet your specific needs, encompassing your assets, beneficiaries, and chosen trustee(s).

  • trust deed review

    Trust Deed Review

    A detailed review of the Trust Deed with you, to ensure all elements of the trust align with your wishes and legal requirements.

  • trust registration

    Trust Registration Assistance

    Guidance through the trust registration process at the local registrar's office, including the preparation and submission of all necessary documents.

  • stamp duty

    Stamp Duty Execution

    Assistance in the execution of the Trust Deed on non-judicial stamp paper, adhering to the value corresponding to the trust property and prevailing rates.

Frequently asked Questions

What is a living trust in India?


A living trust in India is a private trust that is fully controlled by the creator or settlor. This trust’s assets are for the settlor’s exclusive use during their lifetime. This type of trust allows the settlor to manage their assets while alive and then transfer them to the beneficiaries upon their death, avoiding the probate process.

How much does a trust cost in India?


The cost to register a trust in India can vary, but typically, you will need to pay a registration fee of ₹100 and a maintenance fee of ₹1000 for a copy of the trust deed. Additional costs may include filing fees, administrative fees, trust administration fees, and legal fees. It’s recommended to consult with a legal advisor to understand the full cost implications.

Can a trust own property in India?


Yes, a trust can acquire and hold properties in India. The properties are held by the trustee for the benefit of the beneficiaries. It’s important to note that trusts do not have a separate legal personality under Indian law, meaning the property is technically in the name of the trustee, but it is held for the benefit of the trust’s beneficiaries.

How are private trusts taxed in India?


Private trusts in India are taxed according to the structure in which the income is received. If the trust has business income, the tax rate is typically 30%+3%. However, if certain conditions are met, the tax rate can be the slab rate applicable to individuals. It’s important to consult with a tax advisor to understand the specific tax implications for a private trust.

Who regulates trusts in India?


The Indian Trusts Act, 1882, governs private trusts in India. Public trusts, on the other hand, are usually governed by state-specific legislation. For example, public charity trusts in Maharashtra are governed by the Bombay Public Trust Act, 1950. It’s important to note that trusts are non-governmental and non-profit organisations working for charitable purposes and the welfare of society.

How many types of trusts are there in India?


There are three types of trusts in India:

  1. Public Trust: These are created for the benefit of the general public or a class of people.
  2. Private Trust: These are created for the benefit of one or more specific individuals who are clearly defined and ascertained.
  3. Public Cum-Private Trust: These are a combination of public and private trusts.

How are family trusts taxed?


Family trusts are typically taxed on the income they generate. The trust itself may pay the tax, or the tax liability may be passed on to the beneficiaries, depending on the terms of the trust. The tax rates can vary, so it’s important to consult with a tax advisor to understand the specific tax implications for a family trust.

Who is the beneficiary of a family trust?


The beneficiary of a family trust is the person or group of people who receive the benefits from the trust’s assets or property. These benefits can be distributed outright or held in trust for their benefit. The beneficiaries are typically family members named by the person who sets up the trust.

What are the benefits of a private trust?


Private trusts offer several benefits, including:

  1. Protecting and preserving your assets.
  2. Customising and controlling how your wealth is distributed.
  3. Minimising federal or state taxes.
  4. Addressing family dynamics; for example, divorce or blended families.
  5. Helping a parent or other relative manage their financial affairs.

Can private trust property be sold in India?


Yes, a private trust can sell its property in India, but it has certain restrictions. The Delhi High Court has stated that trust property can only be sold, mortgaged, or exchanged with obtaining prior permission from the court.

How can I start a living trust in India?


Starting a living trust in India involves the following steps:

  1. Consultation Call with a Lawyer: Discuss your requirements, wishes, assets, and finalize your succession plan.
  2. Decide Trustees/Rules of the Trust: Determine who will manage the trust and the rules they will follow.
  3. Register Trust Deed & Get PAN Card, Bank Account: The trust needs to be officially registered, and it will need its own PAN card and bank account.

4. Transfer Assets to the Trust: The assets you want to be managed by the trust need to be transferred into the trust’s control.

Do trusts pay taxes in India?


Yes, registered trusts in India are taxed under various sections of the Income Tax Act, 1961, depending on the nature and purpose of the trust’s activities. The tax can be levied on the trust itself or, in some cases, the beneficiaries, depending on the structure of the trust and its income.

What is the eligibility for a trust?


The eligibility for a trust depends on the type of trust being created. For instance, in the case of a Special Needs Trust, the beneficiary must be a person with a disability as defined by Social Security. For a trust to be qualified, it must meet certain requirements, such as being irrevocable and having identifiable beneficiaries. It’s recommended to consult with a legal advisor to understand the specific eligibility requirements for different types of trusts.

How to earn money from a trust in India?


Trusts in India can earn money through various modes:

  1. Donations: Public donations or private donations made to the trust.
  2. Investments: Trusts can invest their funds in various investment avenues and earn returns.
  3. Services: Trusts can provide services in line with their objectives and charge for them.
  4. Rent and Sale of Property: If the trust owns the property, it can earn income through rent or sale of the property.

It’s important to note that the income earned by the trust should be used for the objectives of the trust as stated in the trust deed.

Can we sell trust property in India?


Yes, a private trust can sell its property in India, but it comes with certain restrictions. The Delhi High Court has stated that no trust property can be sold, mortgaged, or exchanged without obtaining prior permission from the court.

Can a single person start a trust in India?


Yes, a single person who is competent to contract can start a trust in India. The trust is created through a trust deed, which outlines the terms and conditions of the trust. The person starting the trust can also serve as the trustee. It’s recommended to consult with a legal advisor to understand the specific requirements and process for starting a trust.

Can a trust open a bank account in India?


Yes, a trust can open a bank account in India. The trustee must be appointed under the laws applicable in the state. The bank account is opened in the name of the trust and is used for the trust’s transactions. The required documents for opening a trust bank account usually include a copy of the trust deed, registration certificate of the trust, and other relevant documents.

Can trustees draw a salary from trusts in India?



According to Section 50 of the Indian Trusts Act, 1882, trustees cannot be paid remuneration. However, if a trustee is providing professional services for the trust, such as legal advice or accountancy, they may draw a reasonable salary for those services. It’s important to note that these rules can vary depending on the specific terms of the trust deed.

What is the advantage of a trust?


Trusts in India provide several benefits, including efficient management of assets, flexibility in asset distribution, potential tax advantages, and the ability to provide for beneficiaries who may not be capable of managing assets themselves.

Which is better, a trust or a fund?


Both trusts and funds have their own advantages in India. Trusts offer more control and flexibility over asset management and distribution, while funds, particularly mutual funds, can offer diversification and professional management. The choice between a trust and a fund depends on individual financial goals and circumstances.

Why is a trust better than a society?


Trusts in India often provide more flexibility than societies, especially regarding management and control over assets. Trusts can also offer more privacy, as they are not required to disclose as much information publicly as societies.

What assets cannot be placed in a trust?


While most types of assets can be placed in a trust in India, some exceptions exist. For instance, assets that require legal ownership to be in the name of the beneficiary, such as certain types of retirement accounts, cannot be placed in a trust.

What type of person is a trust?


In India, a trust is not considered a person or a separate legal entity. Instead, it is a legal arrangement where the trustee holds and manages the trust assets for the benefit of the beneficiaries.

Which bank account is best for trust in India?


Several banks in India offer services for trusts, including Axis Bank, HDFC Bank, and Punjab and Sind Bank. The choice of the bank would depend on the specific needs and circumstances of the trust, such as the services offered, fees, and customer service.

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  • Manish Verma

    ezyLegal's Living Trust service is a game-changer in estate planning. The team's professionalism and in-depth knowledge of Indian law made the process seamless. I particularly appreciated their transparency and the way they took the time to explain the duties of the trustee and the entitlements of the beneficiaries. A top-notch experience!
  • Swati Gupta

    As a business owner, I needed a robust legal tool to manage and protect my assets. ezyLegal's Living Trust service exceeded my expectations. Their team's understanding of the Indian Trusts Act and their ability to customize the trust deed to include my business interests were outstanding. Highly recommended for anyone in need of comprehensive estate planning.
  • Rohit Joshi

    Privacy and asset protection were my main concerns. ezyLegal's Living Trust services addressed both impeccably. Their team walked me through the entire process, ensuring that my trust deed was tailored to my specific needs. The peace of mind and security this service has brought me are invaluable.
  • Kavya Iyer

    I was looking for a way to manage my diverse portfolio of assets efficiently. ezyLegal's Living Trust service provided me with the perfect solution. Their team's expertise in Indian law and their attention to detail in crafting the trust deed were remarkable. I can now rest easy knowing my estate is in good hands.
  • Aarav Menon

    Crafting a Living Trust was a daunting task until I discovered ezyLegal. Their team demystified the Indian Trusts Act of 1882 for me and helped me create a trust deed that was both comprehensive and easy to understand. The control and flexibility I now have over my assets are truly empowering. Exceptional service!

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