Trust Formation

The main purpose of an offshore trust is to protect the assets of the settlor against financial disaster which may be caused by excessive death duties, a spendthrift family member, marital or family breakdown, mismanagement of business ventures, contingent creditors and political risk.

The underlying principle of a trust is the clear separation of the legal ownership of the asset - which lies with the trustee - from the beneficial ownership of the asset, which lies with the beneficiaries. The trustee gives the settlor an assurance that he will take responsibility for the asset and distribute or deal with it in accordance with the settlor's wishes.

With the ever growing threat of predatory lawsuits, punitive and retroactive government regulation, and the generally uncertain climate, asset protection trusts have become an important financial planning tool for doctors, entrepreneurs, developers, professionals, businessmen and anyone who has assets they do not want to lose.

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