Family Trust

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A family trust in India is a legal arrangement created by a Settlor to transfer assets to a Trustee to manage for the benefit of Beneficiaries (family members) as specified in a Trust Deed. These private trusts offer benefits like safeguarding family wealth, facilitating smooth intergenerational wealth transfer, providing for family members, and assisting with tax optimization and efficient estate planning.

Benefits:

  • Asset Protection

    Shields from lawsuits / Business risks / creditors
  • Succession Planning

    Smooth transfer to heirs
  • Control & Privacy

    Avoids public scrutiny
  • Special Need Support

    Secure minors/ dependents/ special child/ elderly members
  • Tax Advantage

    Income split, capital gains planning (Pass through vehicle)

The key responsibilities of a trustee in a private trust include

  • Administration

    The corporate trustee handles the day-to-day administrative tasks of the trust, such as record-keeping, asset management, and compliance with legal and regulatory requirements.
  • Fiduciary duty

    The corporate trustee has a fiduciary duty to act in the best interests of the beneficiaries, ensuring that the trust's assets are managed prudently and in accordance with the trust's terms.
  • Distribution of income and assets

    The corporate trustee is responsible for distributing income and assets from the trust to the beneficiaries according to the terms of the trust document. They ensure that distributions are made in a fair and equitable manner.
  • Objective decision-making

    As a neutral third party, a corporate trustee can make impartial decisions, avoiding conflicts of interest that may arise when family members serve as trustees.

Advantages of Corporate Trustee

  • Personal touch

    Professional & Institutional approach
  • Expertise

    Professional expertise in Law, Finance & Compliance
  • Continuity

    Perpetual Existence. Unaffected by personal issues/loss
  • Impartiality

    Independent & Unbiased
  • Decision Making

    Structured & Robust
  • Credibility

    Accepted by Regulators, Banks & third parties
  • Accountability

    Bound by Corporate governance & Fiduciary duties
  • Confidentiality

    Handled by Institution but bound by confidentiality

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