
Trusts hold and own assets on behalf of a beneficiary. They can be a useful tool enabling you to outline exactly how and when assets are passed on. They also generally avoid the need for probate, enabling the efficient passing of assets. Certain trusts can therefore be used to minimise the impact of death taxes in certain jurisdictions.
There are two main types of trust. A revocable trust can be changed at any time by the guarantor during their lifetime, so long as they are competent. An irrevocable trust usually cannot be changed without a court order or the approval of all the trust’s beneficiaries.
Different countries also have different trust laws, tax policies, and levels of privacy protection. It’s also worth noting that not all jurisdictions recognise trusts as a legal concept, which can create complications if you hold assets or reside there.
We appreciate this can all make deciding whether a trust is right for you a challenge.
We have extensive experience helping expats like you establish trusts to promote the smooth transfer of assets.
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A trust isn’t right for everyone. Factors that typically make one worth considering include; significant assets, assets in multiple countries, young children and complex family structures including mixed-nationality couples where local inheritance law may apply to one spouse's estate. In view of your personal circumstances and how you wish your estate to be shared we will offer guidance on whether you might benefit from a trust.
In view of your circumstances and wishes, we will advise as to what kind of trust you would benefit from and in which jurisdiction. Trust-friendly jurisdictions commonly used by expats include the Isle of Man, Jersey and Guernsey, Singapore, Cayman Islands and British Virgin Islands.
We will coordinate with specialist legal and trust advisers to implement your trust, working to complete all relevant documentation.
We will factor the trust into your wider estate plan.
Learn moreTrusts can be a tax-efficient way of passing assets, but not always. It depends on your personal circumstances. Tax-residency, where the trust is established (off-shore or on-shore), what type of assets are held by the trust and who the intended beneficiaries are will all factor on how tax-efficient a trust is. It’s also worth noting that a trust that may be tax-efficient today may not be tomorrow.
This is why it’s important to get expert advice that takes into consideration your specific circumstances.
Yes, it’s feasible. However, it requires careful structuring and administration to ensure compliance.
A trust and a will are complementary tools, not substitutes. When used together properly, they can promote the smooth transfer of assets.
A trust owns assets you transfer into it and is managed by trustees according to a trust deed and continues to operate after your death. Once assets are inside the trust, they do not pass under your will and as such typically avoid probate. Distribution therefore follows the trust terms, not the will.
Meanwhile a will covers assets not transferred into the trust. It appoints executors and names guardians for minor children. It handles personal items and residual assets.
Learn more about wills as a part of estate plan.
Trusts are not recognised in the same way in all countries, and in some places they are not recognised at all. It’s worth seeking expert professional guidance to know whether a trust is right for you and where to establish one to ensure it is recognised.