De-mystifying Trusts & Trust Planning
30 Years of Global Trust Practical Expertise
The Use and Evolution of Trusts and Foundations is a Special Interest.
Historical Evolution Of Trusts
There are a wide variety of trusts with many common names but the essence of the trust lies in the principles of equity which were developed in the Courts of Chancery. This was a court set up separately from the existing court system by the King.
The court would listen to claims based on fairness or what was equitable. These maxims gradually became to be known as the principles of equity and the concept of a trust was established in England.
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Tax, Commercial, Trusts & Complex International Matters
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Testamentary Trusts
What are They?
Many People Use Testamentary Trusts as Part of Their Succession & Wealth Planning.
A testamentary trust is a discretionary trust established under a Will. The testamentary trust does not come into operation until your death.
Instead of assets passing directly to an individual, they pass to the trustee of the testamentary trust.
The most underrated use of trusts is in our view are will trusts or testamentary trusts. Doing a simple will does not make sense with the amount of intergenerational wealth transfer. It is easy to establish a testamentary trust as part of your will & wealth plan. Ask us how?
Typical Clients in Trust &
Wealth Law Matters Include...
Discretionary Trusts-Assets, Wealth or Tax Planning?
Over the last 30 years, successive Governments and the taxation office have moved against the use of trusts for income splitting.
Therefore, you have extraordinary and complex rules that prevent say professionals or those with personal exertion income, using discretionary trusts. The use of discretionary trusts is to move assets away from an individual who may be in a high-risk occupation or subject to litigation threats, to a trustee.
Our clients to use them to hold assets for asset protection purposes. The trust is established to benefit their children in the future and as a wealth protection and wealth accumulation tool. Professions such as architects, engineers, doctors, lawyers use of discretionary trusts for this purpose.
Hybrid Trusts
Combining Discretionary &
Fixed Trusts
We have drafted a number of hybrid trusts whereby we take advantage of fixed entitlements to say for example, a residential home to take advantage of tax exemptions.
The trust also has discretionary beneficiaries as well as units which entitle a fixed interest.
We draft bespoke trusts to suit particular client needs so as to avoid the pitfalls of a discretionary trust and yet have the benefits of the ability to stream income to low tax beneficiaries.
Suited to [geo_city_n] property assets, considerations such as home exemptions, stamp duty and land tax make this area a minefield.
Considerations such as the CGT home exemptions, stamp duty and land tax make this area a minefield that is suited to hybrid trusts.
Offshore Wealth Protection Trusts and Offshore Foundations
Whilst trusts are a creature of equity, civil law jurisdictions typically use foundations. However there is no restriction on a foundation and all trust being used in say jurisdiction such as Dubai. An offshore foundation can also establish a discretionary trust or any other type of trust.
These more complex structures but ultimately provide for the ultimate flexibility and sometimes influence over assets, inheritances, and investments without having any beneficial control over the funds.
These substructures typically suit high net worth individuals and generally are located robust jurisdictions as part of a family office structure.
We Expose Global Trust Planning!
30 years Practical Experience With Trusts & Foundations
In reading the table below, please note that many jurisdictions in the United States offer revocable trusts. The trust you have when you don’t have a trust. Some of these features are not recognised in other countries but are fantastic to use within that jurisdiction.
We have not listed foundations which are civil law (European) creatures and are based on a charter with no particular beneficial owner. This is important when we look at control and beneficial ownership in terms of taxation and asset protection.
Experience & Trust
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Experience & trust built through sheer hard work
Trusts & Wealth FAQ's
Compiled With Over 10Years of Data From Real Client Questions
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