Structured Settlements Information

What is a Trust and what are the Benefits?


Trusts are becoming a popular way to structure business and personal affairs. If you are considering using a trust in any way, you should be clear on the legal obligations and the relationships involved. Always make sure you obtain proper advice before setting up a trust. Most lawyers are proficient in this area, but it is still advisable to talk to a legal advisor specialising in this area.

What is a Trust?
A trust is a type of legal entity that can own and hold title to property held for the benefit of one or more persons. It is a legal relationship, which is created when a person (known as a settlor) places assets in the control of another person (trustee) and these assets are intended to benefit other people (beneficiaries) or they are for a specified purpose. The person who creates a trust is known as the trust creator, grantor or settlor.

  • The person who administers the trust and holds its properties is called a trustee.
  • The people who are intended to benefit from the trust are known as beneficiaries.

Even though the assets, which are transferred to the trust through the trustees, become the property of the trustees, the fact is they only hold those assets on trust for the benefit of others (the beneficiaries). The trustees are the temporary owners of the property and they have to deal with it as set out in the trust.

Definition of a Trust
The most commonly used definition of a trust is;

'A trust is an equitable obligation that binds a person called a trustee to deal with property over which he/she has control (called a trust property) for the benefit of other people (beneficiaries) and of whom he himself may be one and may also benefit anyone else who may enforce the obligation'.

It is not an accepted as a legal entity like a company so action can be brought against it for liabilities which have no limitation under law.

Not only a Tax Saving Device
A trust is a flexible structure, which has been used for hundreds of years for various purposes. Many find it better to run business and non-business activities through a trust, rather than a company. Many people see a trust as a tax dodge, or as something used by the wealthy to retain ownership of property so it is kept away from people they owe money to (creditors).

Most people's knowledge of trusts is vague. While a properly constructed trust provides advantage to beneficiaries and others involved in the structure, trusts continue to be a legal means of protecting assets belonging to the family. They also benefit members of the family. It is more than a tax saving device, although it is acknowledged that tax saving can be achieved through proper management and allocation of profits made by the trust.

Main Reasons for Forming a Trust
Some of the reasons for forming a trust include the following:

  • Estate Planning.
    Although there is no longer estate duty or wealth tax, it is still sensible to arrange proper estate planning using a trust.
  • Protection from Creditors.
    By having assets (that you or your business owns) safely secured in a trust, any potential loss of those assets to creditors (if the business runs into trouble) is averted. A trust is used to protect assets against claims resulting from business debts or other liabilities. This protection or exposure to potential liabilities is a big advantage with trusts.
  • Tax Savings.
    If the trust is properly administered, then the correct allocation of income belonging to the trust, beneficiaries and others will result in taxation savings. This tax advantage is another reason why trusts are used.
  • Claims by Family Members etc.
    If you transfer your assets into a family trust while you are alive then those assets will not be subject to any claims after your death from family members or others that you don't wish to benefit with your assets.
  • Matrimonial or Relationship Property.
    You can use a trust to prevent your assets being classified as relationship property (used to be called matrimonial). This means your spouse would be prevented from claiming a share of your assets if it became necessary to divide this relationship property up. It can also be used to secure assets from other relationships such as defacto or similar. It can help you prevent your assets going to parties that you do not want to benefit.
  • Asset Testing in Retirement.
    Another important advantage of a trust is when your assets are asset tested for various benefits and subsidies. If the assets are held in your name they will not be exempt from inclusion in the assessment for rest home subsidies etc. If they are held by the trust they are excluded - because they do not belong to you personally. The trust has to be set up correctly, of course, because it can be challenged if its sole purpose is to deprive you of income and assets, simply to allow you to qualify for a subsidy or other benefit.


Copyright 2005 StartRunGrow
http://www.startrungrow.com

StartRunGrow (http://www.startrungrow.com) is a global online information organization that specializes in creating, developing and marketing business help information specifically with the aim of "making business easier" for entrepreneurs around the world. The StartRunGrow objective is to become a dominant player in the business help arena providing end to end solutions for the millions of small and medium businesses worldwide who continue to struggle daily with the difficulties of starting, running and growing a successful business.


MORE RESOURCES:

Sify

Arab countries investing in educational revolution
Boise State University The Arbiter Online, ID - 5 hours ago
DOHA, Qatar – On a vast, half-built campus rising from the desert sands of this Arab emirate, the Medill School of Journalism’s newest freshman class is ...
Video: Fed Board Approves Wells Fargo's Wachovia Buy AssociatedPress
all 3,563 news articles


13-10-2008: Funds investing in Greater China badly hit
The Edge Daily, Malaysia - 4 hours ago
by Gan Yen Kuan PETALING JAYA: Local funds investing in equities in China, Hong Kong and Taiwan were worse hit compared with those investing in local assets ...


Investing in Maine children pays off in economic well-being
Central Maine Morning Sentinel, ME - 6 hours ago
If we are to achieve our vision of "a high quality of life for all Maine people," we must make investing in early childhood one of our highest priorities. ...


Course explores 'Investing for Income'
Independent Press, NJ - 15 hours ago
by Staff/Independent Press AREA -- "Investing for Income: 20 Do's and Don'ts" will be explored at a one-night course offered by the Summit Area Community ...


AsiaOne

Buffett-style investing shines
Inquirer.net, Philippines - 21 hours ago
Salve Duplito VANDERMIR CT SAY started investing when he was 12 years old. That was 22 years ago. He recalls picking stocks the way he would play darts. ...
The Next Banking Bomb? CBS News
all 7 news articles


Start investing in strong manufacturing and services cos
Economic Times, India - 12 hours ago
The most commonly used word in the past few weeks has been de-leveraging. So what does it mean and how will it affect economic growth and the asset markets, ...


Washington Post

US gov't to buy shares in sinking banks: report
CTV.ca, Canada - Oct 9, 2008
"It was a part of the rescue package that the president supported, and it gives the Treasury secretary a range of possibilities, and investing in banks ...
Time to turn on other growth with engies as exports look set to be hit Nation Multimedia
Paulson reveals bank rescue plan NEWS.com.au
Will Paulson's Bank Plan Finally Unfreeze Credit? TIME
AFP - Washington Post
all 3,052 news articles


Personal Finance: Investing with the best returns
Business Mirror, Philippines - 20 hours ago
... out if that will mean he can put his financial life in order, save on hiring a planner, make wiser financial decisions and understand investing better. ...


CPI Financial

Investing Like Buffett
New York Times, United States - Oct 10, 2008
It’s easy in theory: Mr. Buffett accumulated his fortune by investing only in businesses he understands, buying shares when they were cheap and holding them ...
Want to be like Buffett? There are ways Newsday
Bargain shopper Buffett fills his basket with vintage deals guardian.co.uk
Buffett's company to buy $3B of GE preferred stock USA Today
RTT News - WELT ONLINE
all 64 news articles


Now Is The Time To Invest In Commercial Real Estate
PR Web (press release), WA - 4 hours ago
The King of Commercial Real Estate, Terry Hale, is teaming up with Free REI Webinars.com to make investing in real estate easier than ever before. ...

Investing - Google News

home | site map
© 2006