Trust Planning

Trust Planning

  • A ‘Trust’ is an arrangement whereby property (including real, movable and immovable) is managed by one person / persons / organizations. This person is call a Trustee.

  • A ‘Living Trust’ is a trust created during a person's lifetime to setup long term property management. All living trusts are designed to avoid Estate Administration.

  • A living trust is created while you’re alive. It allows you to control the distribution of your estate and / or to transfer ownership of your property and assets into the trust. Living trusts can be irrevocable or revocable depending on the situation.

  • An effective Living Trust must include the assets that you want to be managed or maintain.

  • Your trust can only control assets in its possession.

  • Maintaining control of assets in your Living Trust.

  • Withdrawal of any amount is allowable.

  • Assets typically transferred to a trust:  Property, bank accounts, movable or immovable assets

  • Assets not in the trust but naming the trust as a beneficiary:  Life insurance, annuities

  • Benefits of a Living Trust:
    • No legal hassles or long delays in settlement.
    • Avoid Estate Administration process and ensure financial privacy.
    • Distribute assets according to Trust Deed.
    • Immediate cash flow to your loved ones upon your demise.
    • Protecting minors’ interests, handicapped and elderly family members and own maintenance during retirement.  
    • Preserve the accumulated assets from break-up and loss in value for the enjoyment of future generations.  The settlor can decide on how the income and / or capital are disbursed.
    • Irrevocable Trust Assets are out of reach of creditor’s claims, bankruptcy and dissolution of marriage settlement or professional negligence claims.
     

Investment Trust

  • Provide continuous steady income to your beneficiary and yourself (if you are one of the beneficiary) for the period of the trust.
  • Fulfill the need for maintenance of lifestyle, education and living expenses for your beneficiary(ies)
  • This trust will allow you to maximize the value of your liquid assets (unit trust, cash, stocks, shares) when it is managed by a panel professional fund managers appointed by the Trustee
  • This trust can be a discretionary trust (allows the Trustee freedom to choose the best possible investment), or non-discretionary trust (Trustee will have to refer to settlor's approval)
     

Insurance Trust

A life insurance trust is an irrevocable, non-amendable trust that its main purpose is to allow you to state your terms and mode of payment to the beneficiaries of your insurance policy. This is especially important for beneficiaries who are minors or persons that are unable to manage in proper their financial dealings.

Benefits of an Insurance Trust:

  • Protection from creditor claims.
  • Avoidance of estate administration.
  • Claimant's payouts are made according to your instruction in the Trust Deed.
  • Distribution will be clearly managed by Flora Trustee Berhad.
  • Money will be properly utilized to finance education needs, living and medical expenses.
     

Living Trust

A "Living Trust" is created while you are alive and of Sound Mind. All living trusts are designed to avoid Estate Administration and may in addition be used to reduce taxes, safeguard financial privacy, to regulate the use of assets if the owner becomes incapacitated and to manage their property in the long term.

Benefits of a Living Trust are:

  • Avoids Estate Administration and distribute assets according to the Trust Deed.
  • Offers higher level of confidentiality, as Estate Administration proceeding are a matter of public record.

A living trust can be either revocable or irrevocable. Revocable trust is when one reserves the power to revoke the trust document at any time. Irrevocable trust is when the settlor relinquishes assets to the intended beneficiaries and way to prevent the assets from being claimed by creditors in the event the settlor is declared a bankrupt.

 

Succession Trust

Succession Trust or Business Continuation Trust is aimed at ensuring that a smooth transition and succession of business interests following the departure or demise of a business partner. Various problems might arise when a business partner departs or dies without having a written instruction of what are to be done. Thus, it is important for proprietors, partnerships or corporation enforce a requirement to have a written agreement willed into a trust deed in place to ensure that continuation of the existing business according to the collective agreement of the current owner(s).

Business Continuation Trust provides the solution:

  • To the deceased partner's share which will be sold to surviving partners at a fair market value.
  • To fund the purchase of the shares by the surviving partners through an insurance policy that will ensures the buy-sell to be carried out when the particular business partner dies or upon total and permanent disability
  • To provide a smooth transfer of partner's interest at death or disability with the implementation of a trust deed
  • To allows non-liquid stocks to be converted into liquid income, providing a fund for the benefit of the deceased's family members