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Updated by Rogerson Law Group on Feb 12, 2020
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The Trust Concept

Assets are transferred from the legal owner (the “settlor”) to trustees be   held on behalf of designated beneficiaries. The main characteristic of this   type of structure (or more correctly, relationship) is that the assets are removed   from one’s estate. Legal ownership is henceforth vested in the trustees (distancing   ownership from one’s creditors).  The trustees have a duty imposed upon them   by the terms of the trust, to administer the assets on behalf of the beneficiaries.   The beneficiaries will typically be any or all of the settlor’s children, wife,   and often himself. The trustees may be professional persons such as bankers,   lawyers or accountants, or a regulated trust company (many of which are owned   by banks). Beneficiaries may have fixed (or “vested”) interests as to set proportions   of income or capital. Conversely, the share, if any, they receive may be determined   by the trustees, according the trustees’ view as to the needs of a beneficiary   at a particular time. This latter regime is known as a discretionary trust and   is the most common form of trust found in the offshore environment.

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