ARTICLE · 10 OCTOBER 1997
Asset Protection Trusts In Gibraltar
October 1996 The purpose of this leaflet is to provide information on Asset Protection Trusts (APTs). This is a complex area and these notes are for information only. In all cases, professional advice should be sought.
WHAT IS AN ASSET PROTECTION TRUST?
An Asset Protection Trust is an offshore family trust established in a common law jurisdiction such as Gibraltar. An APT is designed to provide security for personal investments as a complement to overall estate and financial planning. The APT can protect inherited or earned wealth from certain types of subsequent creditor claims.
The Settlor's family may benefit from the assets settled into trust but legal title of the assets is transferred to the Trustees. This allows the Settlor to divest himself of part of his overall wealth, thereby making it unavailable for the claims of creditors whose interests arise after a period of time determined by the law. At the same time, high net worth individuals can settle assets (typically
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