Family Protection Trust and Succession Planning Solicitors Glasgow

What is a Family Protection Trust? 

Family Protection Trusts, sometimes referred to as Asset Protection Trust, offer a vital means of safeguarding assets for future generations, and shielding them from potential risks. These trusts operate as asset protection vehicles, holding assets for the benefit of family members while maintaining control and flexibility over how they are managed and distributed. 

The essence of how a Family Protection Trust works lies in its legal structure. Assets are held within the trust, managed by professional trustees appointed to oversee the trust’s administration and ensure compliance with relevant laws and regulations. By placing assets within a trust, families can mitigate the impact of the issues above, providing peace of mind and financial security. 

The main reasons for setting up a Family Protection Trust are: 

1. Avoiding probate (Confirmation in Scotland) – most clients feel probate costs too much and takes too long. A Trust properly set up can avoid the probate process for assets held in the Trust.  
2. Beneficiaries inheriting at the wrong time – protecting beneficiaries who are facing challenges such as disability,  addiction issues, financial difficulty or poor financial management, divorce or separation. 
3. Beneficiaries inheritance tax –safeguarding your beneficiaries inheritance from tax burdens, allowing them to receive your estate with peace of mind. 
4. Dependent relatives/legal rights claims against your estate – a Trust ensures that those you want to inherit actually do. A straightforward Will is merely an expression of wishes and can be challenged in various ways. A Trust can avoid or mitigate against such a challenge. 
5. Incapacity – the Trustees can make important decisions on your behalf if you are unable to do so yourself, ensuring your best interests are taken into account. 
6. Making sure that your family/children inherit in the event of a subsequent relationship. It is common that children from previous relationships are accidently disinherited if the correct planning is not put in place. 

Key Benefits of a Family Protection Trust 

One of the key advantages of a Family Protection Trust is its ability to protect the family assets from potential claims and the risks highlighted above. By transferring ownership of the property to the trust, you can safeguard their most valuable asset for the benefit of future generations. 

Additionally, Family Protection Trusts can serve as a means of estate planning, enabling individuals to decide how their assets are distributed upon their death. Through careful consideration of personal circumstances and objectives, you can create a tailored trust structure that aligns with your wishes and maximises the value passed on to beneficiaries. 

Expertise and Meeting Your Needs  

Setting up and managing a Family Protection Trust involves a legal process and we recommend ensuring you take the right professional advice. It’s essential for clients to seek guidance from experienced solicitors who can navigate the complexities of trust law, carry out Family Protection Trust work and ensure that the trust is structured appropriately to meet their needs. We have a team of experts who have been setting up Trusts for over a decade and manage them for clients daily.  

We recognise that each person’s financial and family situation is unique. That’s why our dedicated solicitors will work closely with you, crafting a bespoke plan tailored precisely to your individual needs and requirements. With unparalleled expertise in all aspects of Trust law and taxation, we provide practical, tax-efficient advice on creating, administering, modifying, and concluding your Trust. 

Whether your assets are located in the UK or scattered across the globe, we have the expertise to assist you. Take the first step towards securing your financial legacy. Contact Jones Whyte today to explore the possibilities of Family Protection Trusts for your financial future. 

Why Should You Set Up A Trust? 

Setting up a Trust serves various purposes, with the most common being asset protection for those unable to manage their affairs, such as minors who can receive payouts when they reach a specific age, like 18 or 21. Additionally, Trusts can form part of an effective plan to mitigate your tax liabilities and protect assets in the event of future unforeseen circumstances. 

Trusts also allow for the establishment of rules that beneficiaries must follow to receive their designated benefits. For example, a charity trust may provide financial support to exceptional scholars or beneficiaries who meet specific criteria. 

Furthermore, Trusts offer income-generating opportunities. Properties in Trust can generate rental income, while investments and savings held in trust can yield dividends or interest. 

What To Consider When Setting Up A Trust 

When establishing a Trust, clarifying your intended purpose is crucial. Whether it’s safeguarding assets for your grandchildren, benefiting the wider community, or providing for a disabled family member, having a clear vision ensures the right model and accurately reflects your intentions in the Trust Deed. Careful consideration should be given to selecting beneficiaries and determining when they can access funds. 

Navigating the tax implications of holding assets in a Trust requires expert advice, as different Trust types attract varying tax treatments. Our team can provide comprehensive guidance on the tax implications of your decisions, ensuring you choose the most efficient and tailored model for your needs. 

Equally important is the selection of a professional Trustee responsible for administering the Trust. Having faith in their decision-making process is vital. While safeguards can be built into the Trust Deed, you should reflect on the Trust’s operation, your anticipated involvement, and potential pitfalls that may arise. Our team can help you make informed decisions to set up a trust that aligns with your goals and ensures your peace of mind. 

Trust Management Services – Why Choose Jones Whyte? 

Choosing Jones Whyte as your Trust management solicitor provides a wealth of benefits. Our specialist solicitors possess extensive expertise in Trust law and both Scottish and English/Welsh regulations, ensuring tailored solutions that align with your unique circumstances and financial objectives. Whether setting up a Trust, managing existing ones, or navigating tax implications, our comprehensive services cover every aspect of Trusts. 

With experience in diverse Trust types, such as discretionary, charitable, and family trusts, we keep detailed records, guide you through the complexities, offering tax-efficient strategies and expert advice. Our client-centric approach prioritises clear communication, transparency, and prompt responsiveness, ensuring your satisfaction and peace of mind. 

Partnering with Jones Whyte means entrusting your assets to a trusted legal team dedicated to protecting your interests, upholding your wishes, and securing the financial well-being of your beneficiaries. 

Our expert solicitors in Trust Management can help you structure your estate in the best way and make you aware of how to protect your wealth for the future, provide for your loved ones and minimise tax. 

Family Protection Trusts offer a valuable tool for asset protection, tax planning, and estate preservation. By taking proactive steps to protect their wealth and assets, families can secure their financial legacy and provide for future generations with confidence and peace of mind. Get in contact with our experienced legal professionals today for support with your case. 

Other services from Jones Whyte

Our team is highly experienced in Estate Planning, from setting up a Family Protection Trust or updating your will after a change in your personal circumstance.

Our services include: