4. The Issues with Uncertainty

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When any of the three certainties is not present, the Trust may be deemed void, potentially causing a number of issues, which can include:

Failure of the Trust: Simply, the Trust may not come into existence, meaning that no legal Trust relationship is created. Therefore, the property is not transferred to the Trust and the Trustees do not hold legal title or gain the authority or responsibility to manage it.
Reversion of Property: If the Trust is not properly constituted, the property that was intended to be transferred to the Trust may revert to the Settlor’s Estate e.g. it may pass according to the Settlor’s will or the laws of intestacy.
Legal and Tax Consequences: There may be legal and tax implications for both the Settlor and the intended Beneficiaries e.g. unintended tax liabilities or the need for Probate.
Beneficiaries’ Rights: The intended Beneficiaries may not have any enforceable finland mobile database rights to the property or benefits under the Trust, as the Trust itself does not legally exist.
The appointment of a Professional Trustee provides assurance that the three certainties are present when the Trust is constituted and that all other formalities are met.

5. How Dixcart can Help
Dixcart has extensive experience with all offshore entities and can assist with the setup and ongoing administration of your private client planning and corporate structuring. This includes all forms of Trusts and any underlying Special Purpose Vehicles or corporate entities.

Over the past 50 years, we have developed strong working relationships with some of the world’s leading advisers. If you have not yet engaged a professional adviser, we can facilitate an introduction as appropriate.

PLEASE NOTE: This information is provided as guidance as of June 2024 and should not be considered advice. Where you are considering the establishment of any entity you should always seek professional advice before acting.