Trust 信托

What is a Trust?

A trust is a legal estate planning instrument, usually written in a deed, to ensure the protection and preservation of specified asset(s) for the benefit of named beneficiaries while in the safe hands of the Trustee. This is most commonly needed when beneficiaries are not mature or capable enough to handle monies or assets of size.

Why do I need a Trust?

Writing a will is quite common today. It is not often that you hear of someone having set-up a trust. 
A Trust fulfills certain needs of the settlor (person making the Trust) which a will sometimes cannot do. 
For example, with a trust, an almost immediate distribution of assets to beneficiaries can be made without having to wait for court order. 

A trust can be used for many purposes:-

• Provide a speedy and efficient manner to distribute specific assets and income to intended beneficiaries who have special needs even though there is a will.
• Protect the assets from your creditors in the event of bankruptcy and/or to prevent claims by your beneficiaries’ creditors (under conditions).
• Prevent spendthrift beneficiaries from wasting the income they receive from you with instruction for a structured and/or periodic distribution upon fulfillment of conditions precedent.
• Making special provisions for various charitable objectives such as financial assistance/donations to the poor and scholarship/study loan for the needy.
• Making plans for the sale of your shareholding/interests in a business to co-owners with the appropriate terms and funding.
• Advantages of a trust:-
  • Ensures the assets are used for the intended purpose and for the intended beneficiaries.
  • There is no legal process or the need to go through the courts before the trustee can distribute the assets or income to the beneficiaries.
  • Settlor can name anyone as the beneficiary of the trust.
  • Appointment of an independent trustee ensures that the trust is administered impartially and disputes are therefore avoided.
  • Ensures that beneficiaries are well taken care of financially, especially when they are not able to take care of themselves, such as a minor or special needs person.
  • Instructions to the trustee stated in the trust deed are private and confidential.
 

什是信托?
信托是根据您的意愿而量身定做以保护您的产业避免受到受益人过度的挥霍或浪费. 信托人将依照您（委托人）在信托文件内的指示来分配信托资金给每一位受益人.

为何我们需要设立信托? 因为:

确定拥有足够的资金给于我的挚爱;
信托资金确保提供于您孩子的日常的生活费用, 医疗费用和教育费用(如有需要;
保护您的产业免受您债权人的追讨;
不是您财产里的一部分; 和
无需向法庭申请遗嘱认证文件, 在短短一至两个月之内能够得到资金 

设立信托的目的?
以确保您的受益人不挥霍您的遗产;
以确保您的第二个家庭保密;
秘密地给您的受益人(某些家庭成员);
以确保您的特殊孩子得到保障;
避免您的债权人追讨(设立的信托一定要超过5年以上)