FAQs

FAQs

Here are the answers to all your questions on terminology, processes, and more.

What are some asset protection strategies using trusts?

Asset protection planning with trusts is a very common approach to protecting one's assets from creditors, legal claims, and other financial risks. Some of the key asset protection strategies related to trusts are as follows:

  1. Offshore Trusts: The offshore trust can be set up in a jurisdiction that has strong asset protection laws to protect such assets from local creditors. This is especially useful for those being pursued by the courts or being sent into financial turmoil in one's home country. In such countries, like the Cook Islands and Nevis, the laws are not favourable for creditors to access the assets transferred into these trusts.
  2. Irrevocable trusts: By far and large, provide the most powerful asset protection. When your assets have been transferred into an irrevocable trust, they are no longer controlled by the settlor; neither therefore can they be subject to creditors. The assets are no longer part of the settlor's estate for all protective purposes in laws related to divorce and bankruptcy.
  3. Family Trusts: It can be used for the protection of family wealth and to provide for distribution in accordance with the wish of the settlor. An example of this trust is to be able to pass on wealth to successive generations while maintaining protective mechanisms for such assets against creditors. Such a trust can be so constituted as to have lasting benefits, for instance, children or grandchildren, while still ensuring that such a trust remains insulated from the reach of third-party claims.
  4. Asset Protection Trusts (APT): These are trusts specifically drawn up for the purpose of asset protection. Typically, an APT is irrevocable but can be set up both domestically and offshore. It provides the settlor with the facility to protect assets from creditors while still having benefits in specified circumstances, such as the use of income generated by the trust.
  5. Spendthrift Trusts: A spendthrift trust is established for beneficiaries with the aim of protecting them from their own financial mismanagement. In this respect, the trust limits the rights of beneficiaries from dealing with the principal directly; thus, the assets are safe from creditors who would attach it to a debt owed by the beneficiaries. This normally happens in the case of beneficiaries who, for one reason or another, may not be financially responsible.
  6. Protector Role: A protector can be appointed in a trust to add a level of security. The role of the protector is to oversee the actions of the trustee, and he can be so empowered to remove or replace trustees to make sure that the trust is effective and the asset protection goals are met.

Utilizing these strategies will effectively protect a person's assets from legal threats and financial risks.

Still have questions?

Still have questions?

Can’t find the answer you’re looking for? Please chat to our friendly team.

Get in Touch