A common reason why people subscribe to offshore trust services is asset protection. With an offshore trust, assets are more difficult to reach and foreign civil judgments are not recognized. A foreign judge from the domicile of the settlor or any beneficiary cannot compel the release of assets or funds from an offshore trustee to any judgment creditor, making offshore trusts one of the strongest tools to protect assets. This is possible because popular jurisdictions don’t recognize judgments originating from foreign countries except where assets are fraudulently conveyed (i.e. the settlor new there was a creditor when settling the trust) and even then sometimes only for a limited time period. If for instance, a financial enemy decides to pursue assets that are held in your offshore trust; he or she will have to initiate an expensive litigation in the jurisdiction of the offshore trust. Financial enemies are unlikely to consider this proposition because it is even less likely, if not illegal, that your offshore assets could ever be touched. In addition to asset protection, below are other major benefits of offshore trust services:
- Tax planning – Capital gains taxes, inheritance, as well as wealth taxes are sometimes minimized when assets are held in a foreign trust. Offshore trust services also enable great flexibility for settlors who may choose to move between jurisdictions whenever relocating to high tax areas.
- Succession and estate planning – Placing certain assets in a Trust completely separates them from your estate. Trust structures can be utilized to protect held assets from burdensome heirship rules that apply in some jurisdictions. By specifying the wording of his Trust Deed, the Settlor can make sure that his assets will be passed to the proper beneficiaries according to his wishes upon his death. Alternatively, he may opt to provide for the education of his children by establishing a Trust, arranged for this specific purpose.
- Ease of administration – Creating a trust structure helps simplify management of a settlor’s wealth by centralizing worldwide assets and ensuring continuity of administration.