ALL >> Legal >> View Article
The Importance Of Family And Family Protection Trusts

Family protection trusts can be found when one person (the "trustee") will hold and own some property solely for the benefit of another (a "beneficiary"). A family trust can be described as a trust set up to financially benefit your family members.
What are family protection trusts?
Family protection trusts can be found when one person (the "trustee") will hold and own some property solely for the benefit of another (a "beneficiary"). A family trust can be described as a trust set up to financially benefit your family members.
The purpose of the family trust is to allow you to progressively switch your assets into the trust, this means that legally assets are not owned by yourself, although it will be possible for you, through the family protection trust, to still have an element of control, as well as the benefit of, these assets.
You can set up a family trust whilst your living (by a declaration of trust contained in a trust deed) or when you die (stated in the terms of the Will). The information within this article mainly talks about family trusts created while you are alive, and with the benefits ...
... that these family trusts offer for you in your life time.
What are the core factors of a family trust?
Well, similar to other types of trust, a family trust should include the following:
The settler - Is the title of the person in charge of setting up the trust, and also typically the person currently holding assets that will be transferred to the trust. In other words, this is you. There may be more than one settler: for example in the case of a family trust, a married couple may both be settlers.
The trustees - The trustees are persons responsible for dispensing the trust. They will also have to be certain that any wishes of the settler (as written down in the trust deed) have been carried out accordingly.
You, being the settler, are normally allowed to also be one of the trustees in your trust. In most cases the settler will also employ an unbiased trustee, which is in most cases the settlers solicitor, Will writer or accountant. Using the services of an independent trustee helps prevent any hint of suggestion that the settler continues to have control of the family trust assets, in which case the Inland Revenue may argue that the trust is a "sham" and therefore invalid.
The beneficiaries - These are persons benefiting with the trust. By having a family trust, persons listed as beneficiaries should normally include all family members (as well as including future family members for instance future grand kids).
These people are called "discretionary" beneficiaries, which is a crucial element in family trusts. These people (contrary to the beneficiaries with in a "fixed' trust) have no right to receive any benefit under the trust; rather, trustees have the power to choose which of these beneficiaries will gain from the assets. Trustees are free to decide who is the most deserving beneficiary.
The trust deed - This is the legal document stating the settlers wishes along with setting up the trust. Also it appoints the trustees and states their powers and duties, states the beneficiaries, & states the rules for the government and supervision of the trust. In order for the deed to be clear and to meet certain tax requirements, it would usually be a long and carefully drafted document.
The trust's assets - The trust must have some assets. When the trust is first set up, usually just a nominal sum say £10.00. But the eventual aim is for the family trust to be made up of all significant assets.
The aim of a family trust: Is your "personal poverty"
Setting up a Family Trust is a vital part of estate planning and estate administration. The aim of you setting up a family trust is to transfer your significant assets over from you to ownership of the trust, basically, to attain "personal poverty" while at the same time being a beneficiary of the trust.
Resource: http://www.probatebureau.com/
Add Comment
Legal Articles
1. Uk Sponsor Licence Guide For Employers (2025 Updated)Author: The SmartMove2UK
2. Divorce In Singapore: What You Really Need To Know First
Author: Singapore Sole Parent
3. The Importance Of Communication Skills In The Best Criminal Lawyers
Author: glennrroderman
4. Hiring The Right Construction Lawyer Near You: What To Look For
Author: Robert J. Incollingo
5. Seeking Justice After A Dog Attack: Work With A Minnesota Dog Bite Accident Attorney
Author: sussmanlaw
6. How To Effectively Use Australian Immigration Consultancy Services In Hyderabad?
Author: Ankit Sharma
7. The Growing Importance Of Legal Recruitment In Today’s Competitive Market
Author: EMEA Legal
8. When Your Business Is Ready To Expand To The Uk, We Handle The Visas
Author: The SmartMove2UK
9. What Is Intellectual Property And Its Benefits?
Author: Alicia Reno
10. A Complete Guide To Eu Trademark Registration For Businesses Expanding Across Europe
Author: The Trademark Helpline
11. Bringing Your Loved Ones To The Uk: Your Guide To The Skilled Worker Dependant Visa
Author: Conroy Baker
12. How Long Does Llp Registration Take? Timeline Explained
Author: Jishan Khan
13. Starting A Business In Pune? 7 Essential Online Registrations You Shouldn’t Miss!
Author: Startupporta Business Services
14. Top Materials We Use In Our Best Custom Cnc Machining Parts
Author: YuYao QiDi Plastic Mold Factory
15. Why Every Business Needs A Corporate Lawyer In Dubai
Author: Dr. Hassan Elhais