Trust & Foundation Services to Protect Your Legacy
FormationWise experts are here for you every step of the way!
Who we are
FormationWise can advise you and provide you with all the necessary assistance needed to choose the appropriate structure(s) for your Trust & Foundation. Our is a company whose services transcend the borders of one jurisdiction to offer a comprehensive suite of options.
Depending on your circumstances, our consultants can sit down with you and help you decide the best option. As part of your Estate Planning, there are several areas where a corporate trust structure can considerably benefit you.
Examples of these areas include the following:
- Succession Planning
- Privacy
- Protection of Vulnerable Persons and Minors
- Philanthropy
- Asset Protection (seizures, divorce, claims, and more)
- Tax Optimization
- Business Continuity
What we do
Our in-house team of trust insurance experts can compare the differences between a Trust & Foundation and guide you on which will best satisfy your needs. You can choose to set up both during your lifetime (inter-vivos) or after your death (testamentary). Their key benefit is that they allow you to plan your estate during your lifetime.
Trust vs Foundation
In terms of their differences, you’ll note that the trust will typically have a Settlor who possesses reserved powers. The foundation, on the other hand, has a founder who has rights that are specially reserved to them pertaining to the running of the said foundation.
Additionally, one has a Trustee, with the other one having Officers and a Council.
Place your order
- 1
Select the offshore accounting package for your desired jurisdiction
Simply choose the offshore accounting and auditing package for your desired jurisdiction by filling out our form, by call or by placing an order on our website
- 2
Make payment
After finalizing the right package, make the payment for your chosen services and send us your financial details
- 3
Send your documents
Forward us all the necessary financial documents through an email with the documents attached or by phone
- 4
Start the process
Once we receive the payment and the required documents, our team will start working on the accounting or auditing service that you have ordered in your chosen jurisdiction
- 5
Get it done
Depending on whether it’s a one-time task or an ongoing financial project, our offshore accounting partners will get the job done in your new jurisdiction
Choose your jurisdiction
Formationwise can assist you to incorporate a company in the below international jurisdictions:
Our Trust & Foundation Services Include
Trust and Foundation Establishment
At FormationWise, we have years of experience forming personal trusts and providing the ongoing support needed to manage them. Our in-house team of experts will ensure that you never have to worry about conflict of interest when providing these services. We believe in acting in the best interests of the trust’s founders and beneficiaries and providing the highest professional support possible. With our decades of experience, we can advise you on how best to create and manage your trust for a variety of needs. We know that every situation is unique, especially when it relates to personal and family obligations. And for this reason, we will take our time to understand your needs and aspirations for the coming days before taking any steps. Our trust establishment includes structuring, management, and administration for Trusts used for Estate Planning, Discretionary & Fixed Trusts, Unit Trusts, Reserved Powers Trusts, Revocable Trusts, Private Trust Companies, Succession Planning Foundations, STAR Trusts, Charitable Foundations, Sharia-observant Trusts and more!
Trust and Foundation Management
Our trust administration lawyers and managers can advise you on all trust management and administration matters. We pride ourselves in being able to take a proactive approach to trust management and manage several family trusts and grant-making charities for our clients. The years we have spent working with clients worldwide have helped us understand the kind of commitment needed to run a foundation effectively. Some of the trusts we administer have been in place for years and all boast of meticulous administration. Our management services seek to relieve you of the burden of record keeping by providing trust management services tailored to your unique needs. Some of the services we provide to trustees include Day-to-day bookkeeping, Administering trust assets, Advising on tax and other compliance matters, Advising on the duties and requirements of the trustees, Making income and related capital distributions, Monitoring investment performance, Preparing annual trust accounts, Obtaining legal entity identifiers, Winding up trust arrangements, Preparing investment policy statements
Drafting of Trust Deeds and Other Key Documentation
A Declaration of Trust refers to a legally binding document used to confirm the terms under which a private trust company holds the property. We use this document to record the percentage of the ownership of the said property and the terms set by the involved parties. Clients who come to FormationWise for help with the drafting of trust deeds are owners who want to hold a given property on trust, on their behalf, as the primary beneficiaries. However, there are instances where you may want to hold property on trust for another individual. The latter can occur even in a situation where you don’t stand to benefit from it. A Trust Deed will, in both scenarios, act as evidence of the agreement that the parties have entered into. Once it’s ready, you can use the document on a future transfer of property or its sale to guide on how the net proceeds will be distributed or shared.
Representation to Relevant Authorities During Set Up
Although they’re simple in theory, property protection trusts can quickly become a web of complexity if you’re to get them set up correctly. You need an expert to draw up the trust as the legal wording needs to be precise, which is where we come in. It typically costs around £1,000 to get the process up and running, though the costs may increase depending on the type of help needed. Our representation services will assist you in deciding upon the assets and even appointing your trustees. The advice we offer will include how to determine your beneficiaries and how to go about outlining the terms of the trust. Our role here is to ensure that nothing goes wrong with the establishment of the trust and to prepare any documents needed to set the ball rolling.
Assistance with Tax
Every trust will attract distinct trust issues, some of which can prove challenging. For example, trust fund income tax is somewhat complex, especially when you factor in offshore taxation matters. Therefore, professional advice is needed to ensure the family protection trust is set up and managed correctly. We recommend that you speak to our tax professionals today to get an idea of what to expect and how to go about setting up the right tax structures. For compliance purposes, the trustees may need to file a self-assessment tax return in respect of the capital gains received and income earned from the trust or foundation. FormationWise can assist the trustees with the general tax filing obligations, including UK trust fund taxes.
Advisory Throughout the Entire Process
There’s no better way to protect your future than by planning for it today. As you plan on how to protect your assets or pass on your wealth, you need to look into setting up a foundation trust. FormationWise has fully licensed trust companies in the Caribbean, America, Asia Pacific, Africa, Europe, and Middle East jurisdictions. These companies are 100% subsidiaries of FormationWise, with in-house professionals based in varied locations. Our experts will guide you on which type of trust or foundation to set up, the documents to prepare, the jurisdiction to set up the trust in, and how to get it operational. We offer a customized solution that ensures that your assets are well protected. Through this, you become tax efficient and leave a lasting legacy.
Benefits of Setting Up A Trust or Foundation?
By now, we are hoping that you already have an answer to the question, ‘what is a foundation trust?’ and are now ready to learn about the benefits of setting up one. Most people create a trust or foundation as part of their estate planning to guide how their assets will be distributed.
But did you know that setting up a trust or foundation can offer other benefits? They include:
Planning for the vulnerable
If you’re planning on leaving behind money for a minor or a disabled person, a trust will ensure they’re taken care of. It will also make sure that they won’t be disqualified from government programs.
Taxes
Access to the right estate planning strategies can help you reduce estate taxes on your death, particularly when you’re well informed on the process of setting up a private foundation.
Control
Starting a charity foundation can offer you the control you need to manage your assets during your lifetime and even after death. For example, a revocable trust enables you to retain control over the assets while at the same time specifying who its beneficiaries are and the disbursement schedule that should be followed. If you’re a pet parent, you can set up a pet trust to guarantee that your beloved pets will be cared for even after death.
Trustee
Many wealthy people tend to overlook the ability to identify and name an independent trustee. Often, trustees end up being family members, a scenario that can prove problematic and burdensome as inheritance details become publicly available, leading to a change in the family dynamics.
Why Choose FormationWise?
Besides helping you answer the question, ‘what is difference between trust and foundation?’ we at FormationWise also offer a host of other premium business services. Notable among these are Document Retrieval, Trademark Registration, and Payment Processing.
Our services are delivered to our clients through an exhaustive list of qualified partners and experts spread out worldwide. A few of the top reasons why you should consider us when looking to create a private family foundation are:
We offer a wide range of services
Our services range from financial reporting to offshore bookkeeping and tax audits to payroll services and tax planning. We provide an impressive offering that’s meant to help you run your trust and foundation efficiently.
Highly experienced
We have an in-house team of experts who will guide you on everything needed to create and manage a trust, including how to identify assets and name trustees.
No hidden fees
With us, you’ll never have to worry about being short-changed or overcharged. We ensure all our clients know about our pricing criteria from the word go and never charge any hidden fees for the services rendered.
Free initial consultation
When you first come to us for advice, the first consultation is on us and is meant to help us understand the kind of assistance you need with your estate planning.
Effective and reliable
Our private foundation services are geared towards ensuring that your wealth is protected and that your trust and foundation are tax efficient. We will work with you to help you leave a lasting legacy.
Trust Vs Foundation - What Is the Difference?
What Is a Trust?
The personal trust concept has been around in common law jurisdictions since the start of the 12th century. It’s a term used to describe the relationship that exists between a trustee and the beneficiaries. You can, therefore, say that a trust is not an independent entity but rather a relationship. The relationship begins when the settlor transfers the transfer fund to the trustee. A trustee is expected to hold on to the trust fund until a time when it will be transferred to its beneficiaries. Although the trustee will hold the legal title, they’re doing so on behalf of the beneficiaries.
What Is a Foundation?
A foundation is a less familiar concept compared to a corporate trust. In some cases, those operating private foundations are said to run a hybrid of a corporate or personal trust and a company. The foundation will resemble a company in that it’s a corporate body, only that it doesn’t have any shareholders. As a body, a foundation is, thus, a separate legal entity which owns its own assets, just like a company does. A council governs a foundation in line with its charter and regulations. Its management is similar to that of a company which is managed by a board of directors following the stipulations in its constitutional documents.
Are There Different Types?
Trusts
Trusts come in varying forms, with each having a wide range of intent. The most common are:
Bare Trust
The assets in such a trust are held in the beneficiary’s name and can access its entirety, including its income, at any time, provided they are 18+.
Discretionary Trusts
Here, the beneficiary can make certain decisions related to how to utilize the trust income and, in some cases, the original capital.
Interest in Possession Trusts
In this type of trust, the trustee must pass all the income the trust generates to the beneficiary, minus expenses.
Mixed Trusts
They’re a blend of different types of trusts, and each part gets treated according to the tax rules that apply to it.
Foundations
When setting up a private foundation, you’ll soon learn that many types of foundations exist that separate them from one another. To class them, we recommend you shift your attention to the functions each executes and the sections they support.
Generally, a private family foundation can fall into any one of the groupings below:
- Arts Foundation
- Public Charity
- Supporting Foundation
- Private Foundation
- Grant Making Foundation
- Community Foundation
- Independent foundation
- Corporate Foundation
Legal Requirements
One of the leading reasons why people set up trusts and foundations is to protect their assets and provide for their family’s future. No matter the reason, there are specific legal requirements that you must meet when setting up a private foundation.
An example of these include the following:
A list of all the assets and their overall value
Here, you may also include the assets you or the trust will acquire once it’s up and running.
Appoint the trustees
Whereas you can appoint a single individual as a trustee, selecting at least two trustees is generally recommended.
A list of the beneficiaries
For this, we will help you prepare a list of entities or people who will receive benefits from the trust or foundation and the percentage each will receive
You must provide a trust deed
The trust deed is a legal document that will prescribe the rules that will govern the foundation and will include the powers bestowed upon the trustees.
FAQ
A corporate trust refers to a legal entity that has separate and distinct rights comparable to an individual or a company. In this entity, an individual known as a trustor provides another party, known as the trustee, the right to manage and hold property on behalf of a third party.
The third party in this relationship is called the beneficiary.
FormationWise can assist you in establishing a trust to provide legal protection to your assets and to ensure that distribution will occur according to your wishes. When set up correctly, the trust can reduce estate taxes, reduce paperwork, and save you a lot of time.
Trusts can fit into any one of these categories:
• Funded or unfunded
• Revocable or irrevocable
• Living or testamentary
Before starting a charity foundation, it makes sense first to understand what it is and what it does. Legally speaking, a foundation is neither a trust nor a company, although it has similar characteristics to the two.
It’s defined as an incorporated body possessing a separate legal personality and which can own assets, conduct business, and be sued using its name. Unlike the case with a company, a private family foundation doesn’t have any shareholders.
Foundations are created by a founder, who supplies the initial endowment. The foundation then holds and administers this endowment per the contractual principles set out in its founding document. Constitutional documents help govern its operations.
The documents include its charter and regulations, e.g., its articles of association.
Creating a Trust & Foundation is the best way to manage your assets in your lifetime and even after death. Learning how to set up a trust can significantly benefit you, particularly when dealing with your estate plans. Here are the steps:
I. Start by deciding the type of assets you want to place in your trust
II. Determine its beneficiaries. These can include your family, a foundation you like, or a charitable organization.
III. Set up the rules that will govern the trust. At this juncture, you get to decide how the funds or assets in the trust will be distributed.
IV. Select the trustees. Although you can choose anyone you want to manage the trust, it’s always best to settle for an unbiased third party.
V. Draft the trust deed with an expert from FormationWise. This is where you get to create a power of attorney to govern any assets that aren’t included in the trust.
A foundation, also known as a charity foundation, can fall into one of two groups: a charitable trust or a non-profit organization. The former uses grants to fund and support the operations of other philanthropic organizations.
Please note that it’s possible for a foundation also to become directly involved in charitable activities of its own. The foundation arranges a way through which donors can channel their generosity to other notable causes.
Donors can include anyone from individual families to private individuals and corporations.
The duration it will take to create a family protection trust depends on the circumstances surrounding its establishment. If it’s urgent, we at FormationWise can work with you around the clock to ensure it’s set up quickly. In matters of utmost urgency, it’s possible to have a trust operational within a few days.
However, we always advise our clients to take their time and not rush their decision-making processes, specifically where trusts and foundations are concerned. We urge you to take your time to determine which type of trust will best suit your needs and those of your family. It’s essential to confirm that you have gotten all the details right, and this may take time.
Setting up a private foundation is not an easy task as some people would like to make you believe. It’s a process that requires critical thinking, patience, dedication, and a lot of work on your end.
Though the entire process can appear tedious, intimidating, and time-consuming, you can get everything going your way when you start by identifying its purpose. First, you must determine its purpose and the guidelines you want it to follow when issuing grants.
The definition you arrive at above will guide its activities and may enable it to become tax-exempt.
Charitable trusts provide you with a place to put your assets so that they can benefit you, your preferred charity organizations, and your beneficiaries too. The trust can provide plenty of financial benefits to a benevolent-minded person with nonessential assets, e.g., stocks.
Simply put, it’s a legal vehicle allowing asset transfers from a person to a charity.
Surprisingly, it’s not expensive to set up a trust or foundation, as you may have thought. Trusts and foundations aren’t just for the rich and ultra-wealthy. Typically, it will cost you around £800 plus VAT to create a trust, and this is a cost that you’ll likely recoup many times over.
A trust can significantly reduce your tax liability. It also gives you peace of mind and better control over your assets.
Looking at these benefits, it’s unsurprising that they have lately become a favourite with most people in the UK as the tax burdens continue to increase. We at FormationWise will guide you through how to set it up and administer it.
Charitable foundations can benefit from certain tax reliefs. However, they must be recognized by the government for this to happen. These foundations don’t pay tax on several types of income tax, provided that they use the money for charitable purposes.
A foundation can claim back tax that the authorities have deducted, e.g., on a donation or bank interest via what the government calls Gift Aid. The charity may need to pay tax if it has done any of the following:
• Spent part of its income on non-charitable purposes
• Received income that isn’t eligible for tax relief
Where it has to pay taxes, it must complete and file a tax return.