Fairbairn Private Bank

Welcome to Fairbairn Private Bank > Trusts
About Us | Banking Services | Asset Management | Combined Services | Trusts | How to Apply | Information and Literature | Contact Us
About Us
Banking Services
Asset Management
Combined Services
Trusts
How to Apply
Information and Literature
Contact Us

What is a trust ?

A trust is a legal arrangement, almost always in writing (the Trust Deed), where the original owner of the assets (the Settlor), transfers them to another (the Trustee), who will hold the assets for the benefit of others (the Beneficiaries).

There can be more than one Settlor, Trustee or Beneficiary. The Settlor can also be a Beneficiary of the trust.

What are the benefits ?

In any of the following situations, the creation of an offshore trust is capable of delivering significant benefits both to the Settlor and Beneficiaries:
By creating a trust the Settlor gives up legal ownership of the assets. They are transferred or gifted into the trust fund so it is essential that the Settlor understands fully the implications of creating a trust.

Discretionary trusts

The most usual type of offshore settlement is the discretionary trust and under such an agreement it is possible for the Settlor to provide guidance to the trustees by issuing a letter if wishes. Such a letter is not legally binding but affords flexibility as it may be altered from time to time by the Settlor.
 
Discretionary trusts are popular in the offshore environment because they can afford maximum flexibility at the same time as offering protection from hostile government expropriation or taxation. By creating a trust the Settlor ceases to own assets which consequently do not form part of his or her estate, as on his or her death they continue to be held by the Trustee.

Interest in Possession Trusts

Under this type of arrangement the Trustee may have no discretion as to the application of income arising from the trust fund other than to pay it to certain specified Beneficiaries or accumulate it for their future benefit. Typically, upon the death of the person entitled to receive the trust income, the capital will pass to certain other beneficiaries on fixed terms, or possibly, at the discretion of the Trustees.

Accumulation and Maintenance Trust

This is designed principally for the benefit of minors. It has particular application in the context of UK Inheritance Tax Planning. It is usual for income to be accumulated by the Trustees for a fixed period, normally expiring on a Beneficiary's 25th birthday. During this time, payments may be made for education and maintenance purposes.
 
At the end of the accumulation period income may be made available on fixed terms to the relevant Beneficiaries with the capital being transferred at a later date, often at the discretion of the Trustees.

Employee Benefit Trusts

Trusts administered in Jersey are popular for the purpose of holding shares to provide the means whereby employees may ultimately acquire shares in their employing companies in a manner mutually advantageous to the company and its employees.
 
These are just a few examples of the services that can be provided by the Jersey office. Our team is also well versed in insurance related products and the incorporation and administration of corporate vehicles.  


Return to Graphics Mode