What is a trust and do you need one?

Posted by QC LAW on March 23rd, 2022

Trusts are legally enforceable arrangements that make sure a person\'s assets eventually go to a designated beneficiary. When someone creates a trust, assets are put in the trust\'s name, and a third party is authorized to administer those assets on behalf of the trust creator and beneficiaries. If a trust is well-drafted, it can save time, paperwork, and other hassles related to estate settlement. Beneficiaries may also have to pay less estate tax when assets are inherited when they are in trusts.

Importance of Trust

People often wrongly associate trusts with people who have a higher net worth, but trusts aren\'t just for the wealthy. In addition to providing peace of mind, they can also be an important part of estate planning. Managing trusts can be very challenging if you\'ve never done it before and can quickly become overwhelming. A knowledgeable commercial lawyer Gold Coast by QC Law can help you understand the intricate details of a particular trust.

Advantages of a trust

  • Control

Trusts can allow you to specify specific terms, which mean they can be extremely useful when protecting assets from creditors after a divorce, controlling when children inherit your money or controlling how people spend the money you leave them.

  • Privacy

Trusts don\'t require probate for assets. If you disinherit someone or make distributions you don\'t want the world to know about, that process will become a public record, causing drama.

  • Time

The probate process can take several months. Probate can be avoided, and assets can be passed on faster when you use trusts.

  • Potential tax savings

Taxes on estates can be reduced by certain types of trusts. The majority of individuals do not have to pay estate taxes, so seek financial advice before establishing a trust. Trusts are not necessary to avoid taxes you might not have to pay anyway.

Steps to creating a trust

  • Consult a commercial lawyer on the Gold Coast with experience creating trust about your specific situation. Describe what is most important to you and your main worries. QC Law can assist you in understanding the benefits of trust and determining which type is best for your requirements.
  • Make sure you choose the correct trustee, whether it\'s an individual or a corporation. The trustee oversees the distribution of trust assets in accordance with your desires. To effectively create and implement a trust, you must name a trustee you can trust to carry out your wishes. Your trustee should be responsible and dependable, as well as possess the necessary knowledge and competence, as well as the capacity to interact with beneficiaries.
  • When your commercial lawyer on the Gold Coast advises it, begin transferring assets to the trust. If a trust fund is empty, no one will benefit from it; therefore, make sure you retitle assets to reflect that the trust now owns them.

It may take longer to create trust than to draft a will, but when it comes to knowing that your wishes will be carried out, the process is worth the time. It may be worth the extra effort to build trust in order to protect the people and causes that matter to you. Choosing the right trust for your family can be complex and intricate, so before making a decision, speak with a quality commercial lawyer on the Gold Coast from QC Law.

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Joined: December 14th, 2020
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