Private Trust

A trust is a legal relationship created, inter vivos or on death, that comes into existence when an individual or other legal entity (known as the settlor) transfers the legal ownership of assets to another person or legal entity (known as the trustee) to hold these assets, not for their benefit, but for the benefit of beneficiaries who can be individuals or otherwise, which would often include family members. A trust is also an excellent vehicle as a charitable instrument.

The settlor will provide the trustee with a letter of wishes which is a confidential letter between the two parties and although not legally binding on the trustee the letter acts as guidance for the trustee when administering and distributing the trust fund.

Uses and advantages of a private trust include:

  • Estate planning – In estate planning, the trust may be used to separate management from the benefit of property or to answer to the need of flexibility after the settlor’s death. Furthermore, it avoids probate formalities and the application of the law of succession to the assets in trust
  • Tax planning – Income tax, capital gains tax, wealth tax and inheritance tax may be differed, mitigated or avoided by transferring assets to a private trust
  • Asset protection – In certain circumstances, a trust can protect the assets from financial claims against the settlor
  • Confidentiality – Assets are held in the trustee’s name. The link with the settlor or the beneficiaries is unknown by third parties
  • Consolidation of assets - Worldwide assets can be placed in one holding vehicle to simplify both asset management and financial reporting
  • Securitisation Operations – A trust can be used to enable a complex group of assets to be disposed of to a trustee to be available as security to investors
  • Employees’ benefits – A trust can function as a pension fund, aimed at providing income after retirement from work
  • Capacity to deal with any unusual needs that the family or beneficiary may have
  • Asset protection, from challeng from heirs, potential litigators and creditors
  • Long-term preservation of the family’s fortune or business

Our services include:

  • Set up of the trust (drafting of the trust deed, and the letter of wishes, etc)
  • Provision of a trust jurisdiction
  • Provision of a corporate trustee
  • Provision of a corporate protector
  • Cooperation with our legal and tax experts to optimise the tax position of the structure