TRUSTS & ESTATE PLANNING

Trusts are usually set up by clients as a means of managing their assets, to pass them on while they are alive and to ensure that specific people benefit from those assets upon their death.

 

They are sometimes regarded as being complex, however they are vital instruments to assist with the controlled administration of wealth. For example, trusts can control the distribution of assets over time; defer children’s inheritance until a specified age; assist in making charitable donations; protect a family business; or reduce tax liabilities.

 

Where property assets and interests are already in your possession and the objective is to either hold and/or transfer these from one generation to another; or between parties in a safe, secure and tax efficient manner, our members at Mercantile Barristers can design creative estate management and trust structures that meet and often exceed your expectations.
Upon creation, trusts must be correctly and diligently monitored and administered. Settlers of trusts appoint trustees to manage the trust for the benefit of the beneficiaries.

 

Our barristers can offer advice on: the administration of trusts; applications to vary trusts (if, for example, it is no longer possible to carry out the settlor’s wishes); asset recovery, tracing claims for trustees and if necessary, obtaining freezing injunctions; breach of trust claims; duties of trustees; misappropriation of Trust or Estate property; removal of trustees; restitution of Trust funds; and Sham Trusts.

 

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