Advantages Of Having Family Trust In 2021
A family trust is a specific type of trust which families can create to benefit relatives of the grantor. The main purpose of creating a family trust is to benefit the grantor's family, and also include those related by blood, marriage, or by any law Trust is neither considered as a corporation nor a legal entity, it is a fiduciary relationship between the trustees and the trust’s beneficiaries.
Essential elements required in the creation of family trust:
The author of trust: the person
who creates the trust is called the author of the trust
Trustee: a person who manages the trust is called a trustee its
duty is to manage the property, distributions of income, and capital
allocations to beneficiaries in accordance with the trust deed.
Beneficiary: a person for whose benefit the family trust is created
is called a beneficiary
Trust property: it is considered as the subject matter of trust.
The object of trust: it describes the purpose for which trust is created.
An instrument of trust: it is an instrument in writing which is
executed by the author of trust in order to constitute a trust it outlines the
purpose of the trust and the details of rights and obligations of the trustees
and beneficiaries.
Trusts help in succession
designing to transfer the wealth to future generations in an exceedingly tax-efficient manner and might lead to deferred capital gains.
Advantage of having family Trust
It provides protection to the
creditors: Assets that are generally held by the trust are protected from the
creditors of the beneficiaries, or the trustees by setting the conditions in
the trust to ensure that beneficiaries do not misuse your hard-earned assets.
It maintains Confidentiality:
Once the legal validity of the will is established it becomes a public document, which means anyone can apply to view it. But this rule does not apply
to property held in a family trust as these trusts are not publicly registered,
therefore the family trust registration can be kept confidential and the trust’s assets are
distributed to the beneficiary/beneficiaries.
It helps in tax reduction: Trusts
can be very effective in mitigating tax on capital and income. It provides
essential protection to the author of trust, beneficiaries, and the trust
assets from taxation.
It provides protection: Trust is
an important vehicle for people who want to provide their property for those
who are unable to manage their own affairs, such as infant children, the aged,
the sick, or the disabled.
It provides lifetime capital gains exemption:
It ensures asset protection: In
the event of divorce or bankruptcy assets are at risk of losing family trust
prevent the assets from being seized by the Order of the Court or, by the enforcement
of a Court Judgment.
It provides all the possible
protection against tax law changes occurred in the future: In the occurrence of
death of the author of the trust or due to inheritance if any tax is introduced
then trusts may be exempted from that tax.
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