Trust formation and management

Helping you set up and manage a new entity

Trust formation services

A vehicle with many advantages

Trusts are a way of holding and managing assets. They are extremely flexible, and tried and tested over the centuries.

You can use a trust to protect, enhance and pass on assets for current and future generations. And with careful planning and expert advice, a trust can perform a range of valuable functions, including:

Preserving wealth

A trust ensures accumulated wealth is centralised and controlled by a ‘dispassionate’ custodian, who’s responsible for holding the assets together, and for preserving and enhancing them. This prevents family wealth being divided up among heirs – instead, it’s retained as one single fund that can continue to grow for the benefit of future generations. This can be very important for a family business, as the shares can be transferred to a trust before the death of the owner, avoiding the need to liquidate the company.

Creating a legacy

You can use a trust to pass on your legacy to future generations – so your name and achievements can continue, benefiting others.

Protecting assets

Trusts are often used to protect and ‘ring-fence’ assets. This is highly valuable if an individual or family’s wealth is threatened – for example, by a business disaster, unexpected litigant or unforeseen divorce claim.

Estate planning

Trusts, like wills, can be an effective way to plan how someone’s assets are managed or distributed after death. They can be used to avoid ‘forced heirship’ issues, and to help pay for children’s education.

Tax planning

When you legally transfer your assets to a trustee, they are no longer considered to be part of your estate. So, with appropriate planning and advice, the use of a trust may reduce your tax liabilities.

Philanthropy

Trusts can be set up for charitable purposes, and their structure depends on the jurisdiction where they’re established. You can appoint specific charities, or choose a more general class of charitable beneficiaries, such as ‘wildlife’. In the latter case, trustees use their discretion to divide income and capital between a number of different charities.

All the services you need

We can help you form and manage a trust, with a range of services, including:

  • liaising with you, your family, lawyers, accountants, advisers and other interested parties
  • drafting trust documents and deeds, in conjunction with you and your lawyers
  • tax and legal advice
  • processing all due diligence, anti money laundering and Know Your Customer documentation
  • opening and managing bank accounts
  • structuring and monitoring investments and portfolios
  • handling distributions and loans to beneficiaries
  • managing inter-structure loans (with underlying holding companies)
  • ongoing administration, trustee meetings and reviews
  • asset performance and valuation reviews
  • preparing financial statements.

Types of trust

All trusts have the same basic purpose: to receive assets and manage them on behalf of specified beneficiaries. But there are several different types:

  • Discretionary trust – the most commonly used, as it’s the most flexible and allows trustees full control of the assets.
  • Life interest trust – allowing for one or more beneficiary to receive trust income during their lifetime.
  • Accumulation and maintenance trust – usually set up to provide for children and grandchildren during their infancy and education.
  • Custodian trust – for situations where parents have died leaving young children behind, needing to be cared for and supported.
  • Protective trust – where assets are ‘ring-fenced’ for individuals involved in risky or speculative business that might involve the threat of bankruptcy or litigation.
  • Sharia-compliant trust – structured to meet Islamic religious requirements to avoid ‘Riba’ (interest).
  • Purpose trust – set up without any specified beneficiaries, to advance a certain purpose.
  • Reserved powers trust – lets the owner remain involved with the trust and its management.

The type of trust you choose, and any related activity, can affect your tax position and that of the trust’s beneficiaries. We can administer all types, and work closely with advisers and intermediaries to determine the most appropriate one for you.

Get in touch.

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