One of our clients has an autistic child. He and his wife were really worried about who will take care of their child if both of them passed away suddenly. They were fearful that the money and assets that they leave behind should not become a risk for him. Ladderup Trustees helped them create a Private Family Trust for their child. In case of demise, the appointed trustees would not only manage the wealth that is left behind but also ensure that their special child gets the care and love that he deserves all his life.
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Most of us think about writing a Will. Very few write it though.
A Will is an Expression of a person’s wishes regarding the distribution of his assets. It makes the wealth transition to loved ones hassle-free and smooth.Read More
Whether small or large, created or inherited, cash or assets, everyone has an Estate. Your estate is your home, car, bank accounts, investments, and family heirlooms - everything you own or have inherited.
Will is a legal document that contains your wishes as to how your Estate should be distributed after your demise.
Key benefits of writing a Will –
- Document your wishes clearly to avoid confusion
- You can leave property to those you choose and not let Succession laws decide for you
- Appoint guardian for minor children
- Prevent leakage of assets by listing down all assets in the Will
Thus, a proper, well-crafted Will can ensure that every single penny of your wealth is transferred to your loved ones seamlessly.
Private Family Trusts
One of the most powerful tools for Estate Planning.
For hundreds of years, smart people have considered Trust structures to plan their legacies and ensure that the future generations benefit from the family wealth and stick happily together.Read More
Private Family Trusts
Unlike a Will, a Private Trust comes into effect during one's lifetime, and can be easily structured to meet specific requirements. It offers to the Settlor the flexibility in determining every aspect of the trust including management, distribution of assets, adding or deleting beneficiaries and setting the conditions for termination of the trust.
A Private Family Trust can -
- time the distribution of assets to its beneficiaries
- take care of Settlors in case of incapacitation or old age
- help in consolidation and management of family wealth by children residing abroad
- protect the interests of a minor child, aging parents or a family member with special needs
- help in ring-fencing of assets against possible losses due to business liabilities, tax claims, family related liabilities arising out of divorce/maintenance claims, etc.
Situations where Private Family Trusts Can be Useful
- A Private Family Trust can spread the distribution of assets to its beneficiaries over a long period of time.
- By having Settlors as beneficiaries in the Trust, the structure can be quite useful for taking care of the Settlors in case of Incapacitation or Old Age.
- For families where children live abroad, a Private Family Trust helps in consolidating all assets in a legal structure, thus making it easy for the children to manage the assets remotely.
- If one has a "Special Child", Private Family Trust is the only Fool Proof way to protect the child after the parents' demise.
- For business families, a Private Family Trust can be used for succession planning to ensure business continuity and prevent friction or splits in the family.
- Private Family Trust can help insulate and ring-fence assets for the family, so that they are protected from business risks.
For most of us, philanthropy is an ad hoc activity.
A charitable trust can help structure your philanthropic efforts and help you contribute much more to society in a sustained and effective manner.Read More
Charitable purpose under Income Tax Act includes, relief of the poor, education, medical relief, preservation of environment, etc. Amongst people who have sizable wealth, creating social good is becoming one of the key goals in life. A large number of people want to support certain philanthropic causes during their lifetime and wish such support to continue even after their demise.
Creating a Charitable Trust can provide a structure to these activities and ensure that the funds earmarked for these purposes are well spent. Such trusts get exemption from payment of taxes and the donors to such trust can also avail certain tax benefits.
For joint families engaged in business, a change of guard at the top creates issues related to shareholding, management structure, decision making and friction in family.
Business Succession planning looks at all elements of family and business to create a structure that help sustain business for many generations and keep the family together.Read More
Succession Planning is a process of devising a plan for ownership and management succession for a business to achieve multi-generational success. Many business families stumble into the second generation and fail. Statistics have shown that 30% of the businesses survive into the second generation and less than 12% make it to the third generation.
Succession Planning involves a method of identifying and nurturing new leaders who can replace the old ones and to ensure that businesses continue to run smoothly after a company's important people move on to new opportunities, retire, or pass away. It is relevant to all companies, from the largest to the smallest and from family owned to non-family owned businesses.
A Trust created by a will to provide a greater level of control over the distribution of assets to beneficiaries after one’s lifetime. It can be very useful in case of Parents with minor children.Read More
Testamentary Trust is created by a Will and is established after the death of the testator in accordance with the instructions contained in his Will. A Will may contain more than one testamentary trust and may address all or only a part of the estate.
Generally, testamentary trusts are created for minor children, dependent or disabled relatives, or others who may not be able to manage substantial property after the death of the testator. A trustee appointed vide the testamentary trust manages the assets until the trust expires such as when the minor beneficiaries reach a certain age or after a specific goal is accomplished, etc. as stated in the Will.
The most important benefit of a testamentary trust is that no stamp duty or capital gains tax is attracted when the assets are transferred to the trust upon death of the testator.
When a client of ours was discussing with his wife about who will take care of their two year old child if something happened to both of them, he figured out that his and his wife’s thoughts were different. Ladderup Trustees assisted them in identifying a guardian for their child in case of their unfortunate demise and created a Trust for their child so that his future is secure even when the parents are not around.
When a client got to know that after his death, his mother would get 1/3rd of all his wealth, he was not agreeable. His parents are quite well off and do not need any support. So, Ladderup Trustees helped him create a Will so that the wealth that he has created goes to his wife and their son and so that it can supersede the laws of succession.
A client of ours works as head of Sales in a Multinational company. He travels almost 15 days in a month. His personal finances were in a disarray and his wife had no clue of where all they had invested. Every time our client used to take a flight, the thought that the plane may not land this time, used to cross his mind. He used to dread the challenges that his wife would face in such an eventuality. Ladderup Trustees helped his create a Will, where all his assets, bank accounts, lockers, flats etc. are listed. Now the awareness that his wife and children will take over the assets smoothly has given him immense peace of mind.
One of our clients, a man of advanced age, has a dependent wife and two children who stay abroad. Though he manages everything on his own, the thought that what would happen if he became incapacitated, continued to give him sleepless nights. Ladderup Trustees helped him create a Trust for himself and his wife so that his assets could be used for his and his wife and the trustees can arrange for their care in the event of incapacitation or on demise of either of them.
Our client is a joint business family. Their assets were randomly distributed amongst various family members. Recently, when a member of the family asked for a split, the entire family got entrapped in the discussion and confusion, resulting in a lot of bad blood amongst all of them. Ladderup Trustees worked helped them in creating a comprehensive Succession Plan for their family as well as business in order to avoid conflict in future.
Our client has a very small family with just a wife and their only son. Since he has limited assets, he always thought that Will is only a preserve of the rich. Ladderup Trustees helped him understand that in the absence of a Will, his family would end up spending a lot to transition the assets and some assets might even be lost. Thus he decided to do a small expenditure now and has created a Will for his family so that the transition is smooth and there is no leakage of asset.
Our client believed that if her husband predeceases her or dies simultaneously with her, the assets in her name will go to her parents. When she came to know to know that her in-laws and not her parents will be the beneficiaries, she reached out to Ladderup Trustees for solution. We helped her create a Will where she not only made her parents beneficiaries in her Will but also created life estate interest in their favor for her self-owned house.
For the last eight years, Ladderup Trustee Services has been helping individuals, families and businesses by offering them a wide range of solutions for their Estate Planning needs.
We have a dedicated team of legal experts that has helped hundreds of families in creating their Estate Plans.
Whether it is a Simple Will, a Private Family Trust, or even a comprehensive Family Succession Plan - we have had wide ranging experience.
Each family is unique and so are its Estate Planning needs. Our long years of experience in this field has exposed us to so many family structures and their inherent issues that we now understand complexities related to Estate Planning better than most. So we are able to guide families and individuals through the entire Estate Planning process and make them look at aspects around their inheritance planning, that were hitherto unknown to them.
Another factor that comes of great help in providing high quality solutions to our clients is our experience with dealing in money. Besides Trustee services, the Ladderup Group is also engaged in Wealth Management, Corporate Advisory Services and also Audit and Taxation. Since, Estate planning is all about transitioning a person’s wealth, how to do it efficiently becomes a very important element of the plan. Our 360 degree experience in financial services gives us a unique ability to help our clients create Estate Plans that are comprehensive as well as effective.