Trust Formation

Trusts are established for a variety of reasons including:

/ Asset protection

/ Succession and estate planning

/ Preservation of family wealth

/ Confidentiality purposes

/ Avoiding forced heirship rules

/ Protecting the interests of minors

The types of trust we establish include:

/ Discretionary trusts

/ Interest in possession and accumulation and maintenance trusts

/ Special purpose trusts

We work with our legal advisers to draft the trust deed to meet the individual clients needs. We act as trustee and carry out the day-to-day management and administration of the trust, as well as provide accounting services.

A foundation can be an effective planning tool for private wealth, asset protection and charitable reasons.

In some cases it is an attractive alternative to a common law trust, particularly for those who are familiar with civil law, but do not have knowledge of this concept. It may also be appropriate for those who want to retain an element of control over how their assets are managed.

A foundation shares the characteristics of a trust in that it does not have shareholders but instead has a founder and beneficiaries. It also has its own legal personality and the ability to enter into contracts in its own right. A foundation is run, in accordance with its regulations, by a council as opposed to directors or trustees.

We work with our clients and their advisers to establish the foundation and to draft the appropriate rules. We provide council members from our professionally qualified senior management team. We also act as registered agent and will provide administration and accountancy services that are tailored to meet our clients specific requirements.

Every company must have a registered office – an official address that will be held on public record at the companies registry.

We are able to provide this service and in doing so will hold the following documents for the company.

The registered office should hold company documents including:

/  The Memorandum

/  Articles of Association

/  The Register of Directors, members and charges

/  Copies of any documents submitted to the Company Registry

Professional Trustees

We have significant experience of acting as trustees and providing trustee services. We can provide individual trustees or corporate trustees.

There are many benefits to having a professional trustee involved:

/ True independence and objectivity when exercising trustee discretion and where there might be instances of family disputes or conflicts of interest.

/ The expert knowledge of our professionally qualified staff, who have many years of experience working with trusts.

/ Continuity of services

/ The benefit of our experience and knowledge of understanding tax legislation which may affect the establishment and ongoing administration of the Trust.

We understand that having worked hard to accumulate their wealth, our clients want to protect it and ensure it is maintained and passed to future generations in the most effective manner.

With more than 30 years’ experience in estate and succession planning, we appreciate that every family is different. We value personal relationships and take time to know our clients and their families so we best meet their specific needs.

We establish and administer vehicles commonly used for estate planning including trusts, foundations, companies and partnerships. We work with our clients’ advisers to implement structures tailored to their individual requirements.

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