A Trust is not a corporate entity, it is a legal relationship between three parties, the settlor, the trustees and the beneficiaries. Offshore Trusts are one of the most secure and effective financial planning vehicles available. By establishing a trust, you gain confidentiality and protect your assets from financial risks and is recognised in locations throughout the world.

There are a number of advantages of forming an Offshore Trust:

• Looking for privacy –

the terms of the trust are not shown on public records

• Asset protection –

trusts allow individuals to protect assets, for example by putting a property in the trust the settlor ensures he is no longer the owner of the property

• Holding Vehicle –

some business arrangements can benefit from using a trust as a holding vehicle for other companies or structures, for example using the Offshore Trust as the Director and Shareholder of an Offshore IBC (International Business Company)

Offshore Trusts do not have the same structure as a standard Offshore IBC. Trusts usually comprise of a Settlor, Trustee and Beneficiary.

What is a Settlor?

The Settlor is usually the person who puts the assets into the trust. The settlor decides on how the assets in the trust should be used, this is usually set out in a document called the ‘trust deed’. Sometimes, the settlor can also benefit from the assets in the trust.

What is a Trustee?

The Trustee is usually the person who manages the trust. The trustees are the legal owners of the assets which are held within the trust. Their role is to deal with the assets according to the settlor’s requirements, manage the trust on a day-to-day basis and pay any tax due, and they will also decide how to invest or use the trust’s assets.

What is a Beneficiary?

The beneficiary is usually the person who benefits from the trust. The beneficiary may consist of a whole family or defined group of people. They may benefit from the income of the trust, for example, renting a house which is held in the trust, the capital only, for example getting shares held in the trust when the individual reaches a certain age.

Why form a Trust?

There are a wide variety of reasons why people choose to setup a Trust. Trusts are beneficial for people who are looking at controlling and protecting their family assets. For example, you could own a property with the trust or you could setup the trust to pass on assets when you die (a ‘will trust’).

Some people choose to setup a Trust to protect themselves and ensure their details are kept private. The details within the trust are not displayed on public records, which ensures the beneficiaries have full confidentiality.