[编辑 Editor 陈大人－Fanny Tan 英译 Translator 刘大人 照片 photo credit: 取自照片库／Stock images]
所谓「信托」, 是一种遗产规划的工具, 托管人 (Settlor) 透过将财产转移给信托人 (Trustee) , 保护自己的资产受益给指定的受益人。透过信托, 可以达到财产保护、财富分配或节税等功能。如: 担心子孙把产业卖掉, 受托人可以代为保管80年, 并要求受托人将代为管理的物业出租, 将租金收入当成生活费。
A trust is a legal arrangement where one or more ‘trustees’ are made legally responsible for holding assets, such as land, money, buildings, shares or even antiques – are placed in trust for the benefit of one or more ‘beneficiaries’. The trustees are responsible for managing the trust and carrying out the wishes of the person who has put the assets into trust (the ‘settlor’). The settlor’s wishes for the trust are usually written in their will or set out in a legal document called ‘the trust deed’, which may be set up to control and protect family assets, or to pass on money or assets when they die under the terms of their will.
- 托管人 (Settlor) – 是指提供财产设立信托者。
A settlor is a person who has put assets into the trust, and decides how the assets in the trust and any income received from it should be used. This is usually set out in the trust deed.
- 信托人 (Trustees) – 接受委托, 在法律上成为该财产的名义所有人, 并负担依信托目的为管理或处分信托财产的义务。
Trustees are the legal owners of the assets held in a trust. Their role is to deal with trust assets in line with the trust deed, manage the trust on a day-to-day basis, and decide how the assets in the trust are to be used.
Benefits of Setting Up a Trust
- 债权保护: 信托资产受到「信托法」的保护, 不必担心委托人、受托人及受益人之债权人强制执行或抵销不属于该信托财产之债务。
Better Protection from Creditors and Lawsuits – Your creditors will not be able to lay a claim on some of your assets in the event you face financial difficulties, business risks, bankruptcy, seizure by creditors or property foreclosure.
- 完成委托人的心愿: 透过信托契约, 决定所有受益人利益分配, 如: 父母亲想将财产留下来照顾智力有问题的小孩, 避免因部份家庭成员而产生财产分配的问题。
Protection of your Legacy – A properly constructed trust can help prevent your hard earned assets from being squandered by spendthrift dependents, or safeguard your children’s financial security for their welfare especially if they are disabled or suffering from a major illness.
- 托管人可以是受益人: 可以在自己无法分配自己财富时让信托人协助提供经费给付医疗和生活费。如: 昏迷、残废和失智。
Comprehensive Disability Protection – A living trust helps ensure that your loved ones have both the tools and instructions necessary for taking care of you, your affairs and finances, and themselves in the event of your incapacity.
- 富过三代: 信托的规划, 可将委托人的财产依照委托人的遗志, 使受托人依约管理并分配给委托人的家人与后代子孙。
Asset Protection – A tax-efficient way to manage wealthy families’ assets through which a parent’s or grandparent’s assets can continue to grow indefinitely for future generations without being subject to gift, estate or generation-skipping transfer taxes.
- 保密性: 信托契约是完全的保密, 不会像遗嘱一样公开。
Heightened Privacy – Assets in trust generally avoid the probate process and keeps your private matters from being open to the public for viewing.
- 享有合法节税: 让财产移转的费用减到最少的效果。
Tax Mitigation – if the trust is irrevocable, it may not be considered part of the taxable estate so fewer taxes may be due upon your death.
- 快速分配: 无需等待遗嘱认证, 可以更快速的将财产分配给受益人。
Probate Avoidance – cost is one factor, but another big one is time. Your beneficiaries may gain access to these assets more quickly than they might to assets that are transferred using a will.
- 保有财产掌控权: 财产交付信托后, 委托人仍保有信托财产运用的决定权, 亦得随时终止信托契约, 取回信托财产, 避免将财产赠与子女后, 子女挥霍无度之困扰。
Control of your Wealth – You can specify the terms of a trust precisely, controlling when and to whom distributions may be made, so that the trust assets remain accessible to you during your lifetime while designating to whom the remaining assets will pass thereafter to prevent your beneficiaries from being reckless in managing your hard earned assets.
- 信托设计具弹性, 如: 可以为单亲家庭设计一个照顾孩子的单亲信托、年年做善事的慈善信托、爷爷可以为孙子设立未来的教育基金。
Planning Flexibility – You can even provide funds for educational purposes such as college tuition and living expenses or benefiting charities and institutions.
Contributed by Fanny Tan (Managing Director of Total Wealth Advisory Sdn Bhd)[wpdevart_like_box profile_id=”https://www.facebook.com/Total-Wealth-Advisory-Sdn-Bhd-265787455212/” animation_efect=”none” show_border=”show” border_color=”#fff” stream=”show” connections=”show” width=”300″ height=”150″ header=”small” cover_photo=”show” locale=”en_US”]