Importance Of Setting Up A Family Trust

By Thomas McDonald


If you have a lot of wealth, then issues about wealth reduction, wealth transition, and tax reduction constitute a significant concern. However, these problems can be addressed collectively by acquiring a family trust also known as discretionary plan. This is a contract where an individual allows a firm to hold his properties and asset for the benefit of his family members. Its primary role is to guard and handle assets on behave of the current and future generation. There are many advantages that come with acquiring the plan.

Firstly, discretionary policies grant creditors protection. This means that assets that are held in trust are protected from the creditors of beneficiaries and also the trustees. For example, a parent may be having a lot of personal liabilities. They may decide to protect their children from them in case they are unable to clear these debts by getting the policy.

They also protect an individual from relationship property-related claim. The property relationship act state that all personal assets owned by an individual or given to children in the will should also be available to marriage partners. However, all properties transferred to the program cannot be claimed to be personal properties, but the children can receive benefits. In this situation, a partner and their children cannot file a claim. Moreover, if an individual enters into a relationship after all their property has been transferred, the partner cannot place any claim when the relationship ends.

Another benefit is that they offer property protection from beneficiaries. This applies especially when a parent is hesitant to leave his assets to his children because they have poor financial management abilities and may end up wasting the wealth. In this case, a parent may consider transferring all their property to the policy who can give it to the vulnerable and needy children.

Trust can also help to prevent revision of a will upon the death of the settler. Typically, where a court of law judge that a family member was treated unfairly in a written will, they have the power to order for a rewrite. However, when the properties have already been transferred to a trust, the court cannot order for a rewrite.

They also protect the members with special needs or illness. It protects the members who need special medical attention or are no longer independent due to age or other factors. The policy can protect this person from relatives who intend to take over the family asset upon the death of the settler.

They also play a significant role in protecting your asset from possible tax law changes in the future. This means that all form of wealth tax such as inheritance tax and death duties that may be introduced in the future will not apply to the protected assets.

Lastly, they play a significant role in estate planning. As earlier mentioned, whenever assets are transferred it, they seize to become the personal property of the settler, either when alive or dead. Therefore, a settler should always be protected on issues concerning bankruptcy and provision.




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