Family Trust
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Navigating the complexities of asset management and family wealth protection can be challenging. Opting for a Famil ...
Secure your assets with our Family Trust services, tailored to your needs
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Family Trust Registration Process
Schedule call with the Lawyer
Customer discusses requirements and shares details of the properties
Drafting the Trust
Lawyer drafts the Trust
Registration appointment
Registration appointment is scheduled
Trust Registration
Trust is registered at the Sub-Registrar’s office
Schedule call with the Lawyer
Customer discusses requirements and shares details of the properties
Drafting the Trust
Lawyer drafts the Trust
Registration appointment
Registration appointment is scheduled
Trust Registration
Trust is registered at the Sub-Registrar’s office
Contents of a Trust
Trustee
The individual(s) or entity in charge of managing the trust.
Settlor
The individual who establishes the trust.
Beneficiaries
The individuals who will receive benefits from the trust.
Terms and Conditions:
The Trust Deed outlines the terms and conditions of the trust, including the assets involved and instructions for the distribution or management of assets.
Assets
It can be an immovable property, stocks, bonds, cash, etc.
Benefits of Registering Family Trust
Asset Protection
Assets held in a trust are generally protected from personal liability issues, creditors, legal claims and other potential risks.
Tax Planning
Because a trust is a separate legal entity, it can be used for tax planning purposes
Protection of Minor
A trust can also be used to hold the property for someone who cannot do so themselves, such as minors.
Avoidance of Probate
There is no change of ownership when the settlor dies, avoiding the requirement for probate of a will in the case of trust assets.
Control after demise
An individual can control the use of his wealth even after death through a Trust deed.
Prerequisites for Drafting a Family Trust
Trust Deed
The trust deed is the primary document required. This document includes all essential details of the trust such as the name of the trust, its objectives, the details of the author (settlor), trustees, beneficiaries, etc.
Identification Proof of Settlor and Trustees
Valid identification documents of the settlor and the trustees are required. These could be Aadhaar Card, Passport, Voter ID, or Driving License.
Photographs of Trustees
Recent passport-sized photographs of the settlor and trustees.
Settlor and Trustee Declarations
Signed declarations from the settlor and trustees expressing their willingness to act in those capacities.
Proof of Property
Evidence of ownership of any property under the trust is required. If there's no immovable property, a nominal amount of trust money must be specified.
Payment of Stamp Duty and Registration Fee
Receipt of payment for the applicable stamp duty and registration fee for the trust deed.
Registration Process
1
Discuss your requirements with the Lawyer
2
Lawyer drafts the Trust Deed
3
Schedule appointment at the Sub-Registrar Office
4
Present relevant documents
5
Signatures of 2 Witnesses in the presence of the Sub-Registrar
6
Trust is registered
Deliverables
Expert Consultation
Our team will guide you in understanding your needs and the potential benefits of a trust.
Trust Deed Preparation
We will draft a comprehensive, legally sound Trust Deed.
Registration
We will assist with all the paperwork necessary to register your trust and register your Trust Deed.
Frequently asked Questions
What is the concept of a family trust?
A family trust in India is a legal entity created to hold assets for the benefit of certain members of a family. The main purpose of a family trust is to protect the family’s wealth and provide for the financial security of its members.
What are the 3 types of trust?
In India, the three main types of trusts are: Private Trusts, Public Trusts, and Constructive Trusts. Private trusts are set up for the benefit of individuals or families, public trusts are set up for the benefit of the general public, and constructive trusts are implied by law.
What are the benefits of a family trust in India?
Family trusts in India offer several benefits including efficient wealth management, protection of assets, and effective succession planning. They also provide a level of control over the distribution of assets and can offer tax advantages in certain situations.
Who is the founder of a family trust?
The founder or settlor of a family trust is the individual who creates the trust, usually by transferring their own assets into it. The settlor establishes the terms of the trust and appoints the trustees.
What are the roles in a family trust?
In a family trust, the settlor creates the trust and provides the assets. The trustees manage the trust assets according to the terms set by the settlor. The beneficiaries are the individuals or entities who benefit from the trust.
What are the types of trust in India?
In India, trusts can be classified into three main types: Private Trusts, Public Trusts, and Constructive Trusts. Each type of trust serves different purposes and has different rules and regulations.
Why is trust important for parents?
Trust is crucial in a parent-child relationship as it fosters a sense of security, promotes open communication, and strengthens the bond between parents and children. It also plays a vital role in the child’s emotional and social development.
How is trust built with children?
Trust with children is built by consistently meeting their needs, being responsive and sensitive to their feelings, showing interest in their activities, being honest, and acting wisely. It’s important to respect their privacy and give them space to grow while providing guidance and support.
What is a family trust for the benefit of?
A family trust is established for the benefit of its members. It is a legal arrangement where assets are transferred into a trust for the purpose of managing and protecting them. The beneficiaries of a family trust can be any person capable of holding property, but family members are common beneficiaries. The trust provides a mechanism for the orderly transfer of wealth and assets, and can offer significant tax advantages.
What is the purpose of a family trust in India?
The purpose of a family trust in India is to manage and protect assets for the benefit of family members, both during the lifetime of the settlor and after their death. It is a tool for wealth protection, succession planning, and transfer of assets. It also helps in reducing taxation on capital and income and provides effective protection for the settlor and the beneficiaries.
Who is the person who benefits from a trust?
The person who benefits from a trust is known as the beneficiary. In the context of a family trust, any person capable of holding property may be chosen as a beneficiary. However, it often includes family members as they are common beneficiaries of family trusts. The trust enables such individuals to enjoy the assets despite the fact that they do not own them.
What are the risks of a family trust?
Family trusts in India do come with certain risks. They can be complex to manage and may lead to family disputes. Also, if not structured properly, they can lead to tax inefficiencies.
Is a family trust safe?
A family trust in India can provide a safe way to manage and distribute family wealth, provided it is set up and managed correctly. However, it’s important to note that the safety of a trust depends on the trustworthiness and competence of the trustees.
What type of trust is best for a family?
The best type of trust for a family in India depends on the specific needs and circumstances of the family. However, discretionary trusts are often recommended as they provide flexibility in terms of how assets are distributed among beneficiaries.
What is the negative side of trust?
The negative side of trust in India can include potential misuse of power by trustees, complexity in management, potential for family disputes, and possible tax inefficiencies if not structured properly.
What are the benefits of a family trust in India?
The benefits of a family trust in India include efficient distribution of assets, potential tax benefits, protection of assets from creditors, and provision for family members with special needs.
Can a family trust make a loss?
Yes, a family trust in India can make a loss, particularly if the trust’s investments perform poorly. However, the trust’s losses can usually be offset against other income in the trust, reducing the overall tax liability.
Is a family trust an asset?
A family trust itself is not an asset, but it holds assets for the benefit of the beneficiaries. The assets within the trust are legally owned by the trust.
Why is a trust high risk?
Trusts in India can be considered high risk due to the potential for misuse of power by trustees, the complexity of trust management, and the potential for family disputes over the distribution of assets.
Is there risk in a trust fund?
Yes, there can be risks in a trust fund in India, including the risk of poor investment performance, potential misuse of funds by trustees, and the complexity of managing the trust.
How are private trusts taxed in India?
In India, the taxation of private trusts depends on the type of trust. A specific trust is taxed at the same rates as an individual, while a discretionary trust is taxed at the maximum marginal rate.
What is one family trust fund?
A family trust fund in India is a legal arrangement where assets are transferred to a trust for the benefit of family members. The trust is managed by trustees who distribute the assets or income from the assets to the beneficiaries as per the terms of the trust deed.
What is the effect of a trust?
The effect of a trust in India is to provide a legal structure for the management and distribution of assets. It can provide tax benefits, protect assets from creditors, and ensure provision for family members.
Is trust a risk?
Trust can be a risk in India if it is misplaced. For example, if trustees misuse their powers or if there is a lack of transparency in the management of the trust, it can lead to disputes and loss of assets.
How do you form a family trust?
To form a family trust in India, you need to create a trust deed that outlines the purpose of the trust, the details of the trustee and beneficiaries, and the trust property. The trust deed should be signed by both the settlor and the trustee in the presence of two witnesses.
How can I start a family trust in India?
Starting a family trust in India involves drafting a trust deed, getting it signed by the settlor and trustee, and registering it with the local registrar. The trust deed should clearly define the objectives of the trust, details of the trustee and beneficiaries, and the trust property.
What is the best family trust?
The best family trust depends on the specific needs and objectives of the family. It could be a discretionary trust, where the trustee has the discretion to decide how the trust income is distributed, or a fixed trust, where the beneficiaries’ entitlements are fixed.
Is it mandatory to register a family trust?
While it’s not mandatory to register a family trust in India, it is highly recommended. Registering the trust provides legal recognition and helps in the management of the trust property.
Who is the beneficiary of a family trust?
The beneficiary of a family trust is the person or persons who are entitled to benefit from the trust. This could include family members like children, spouse, or other relatives.
Do we have family trust in India?
Yes, family trusts are a common legal arrangement in India. They are often used for estate planning and to ensure the financial well-being of family members.
What is the cost of setting up a trust in India?
The cost of setting up a trust in India can vary depending on the complexity of the trust structure and the professional fees of the lawyer drafting the trust deed. Additionally, there are registration fees which can vary from state to state.
How many members are required to form a trust?
To form a trust in India, a minimum of two members are required – a settlor and a trustee. However, there can be more than one trustee and more than one beneficiary.
What are the documents required for trust registration?
The documents required for trust registration in India include the trust deed, PAN details of the trustees and settlor, photos of the trustees and settlor, the proposed name of the trust, and no objection certificate from the landlord if the property is rented.
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Reviews
4.8
Meena Patel
Creating a Family Trust was a significant decision for us, and ezyLegal made it effortless. Their team is adept at understanding unique family dynamics and crafting a trust structure that respects our needs. Above all, the assurance that our hard-earned wealth will be appropriately managed and distributed is priceless.Suresh Nair
ezyLegal's Family Trust services are a game-changer. Their comprehensive understanding of the legalities involved ensured that my family's financial future is secure. The team is professional, and their end-to-end service delivery is seamless. I couldn't have asked for a better experience.Anjali Mehta
Tax planning and asset management have always been a maze for me. ezyLegal's Family Trust services not only simplified the process but also offered potential tax benefits. Their team is knowledgeable and tailored the trust to meet the changing needs of my family. A five-star experience!Rajesh Kumar
I was initially sceptical about the idea of setting up a Family Trust. However, ezyLegal's transparent and disciplined approach won me over. Their expertise in the Indian legal framework for trusts is commendable. Now, I am confident that my assets will be managed and distributed in the best way possible.Priya Sharma
As someone who has always been concerned about my family's financial well-being, ezyLegal's Family Trust services have been a godsend. The team walked me through the complexities of asset management and helped me set up a trust that perfectly aligns with my family's needs. The peace of mind I've gained is invaluable.
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