Trusts offer a tried and tested fiscal vehicle for those seeking
to split the legal title and equitable rights to defined assets for
specific purpose. The versatility of Trusts has meant that they
have been utilised for over a thousand years in one form or
another, continuing to this day.
Establishing a Trust in a foreign jurisdiction can offer
additional benefits under the correct circumstances. In this short
article, we take a look at the what, how and why of offshore
Trusts.
What is a Trust?
It is important to understand that a Trust does not have
separate legal personality and does not benefit from limited
liability. A Trust is simply a Fiduciary arrangement.
A Fiduciary relationship is characterised as one of trust and
confidence between two or more parties, where the Fiduciary is
obligated to act in the best interest of another party.