Trusts
As one of the leading private client law firms in the UAE, we have in-depth experience in creating trusts, as well as advising on the duties of trustees, directors and officers of foreign and domestic trusts and corporations.
We provide a full range of integrated and cost-effective trust and fiduciary services.
At TWS Legal Consultants, our private client lawyers are multi-lingual and proficient in Sharia and non-Sharia law. Our lawyers are registered with the UK Solicitors Regulation Authority and the Dubai Legal Affairs Department. As active members of STEP we have a robust knowledge of UK and UAE trust law and how it applies to expatriates in the UAE and internationally. Having advised clients in creating and managing trusts for over ten years, you can have confidence that our lawyers will listen to your needs and help you create a trust that fulfils your wealth planning and/or commercial ambitions.
TWS Legal Consultants is a fully digital law firm. We can organise appointments via video conferencing if this suits your needs.
What is a trust?
A Trust is created when a person or a company (the settlor) puts property and/or assets into a legal entity to be managed by trustees according to the settlor’s instructions, for the benefit of certain people (beneficiaries).
A trust deed is drafted to reflect the settlor’s intentions and instructions.
For a trust to be valid, three certainties must be present:
- Certainty of the intention to create a trust.
- Certainty as to what property will be transferred into the trust.
- Certainty as to who the beneficiaries of the trust will be.
We will advise you on the type of trust that will best ensure your objectives are met and draft a clear, comprehensive trust deed. The latter is particularly important as it minimises the risk of future disputes. Although trust law can be complicated, we will explain your options in everyday language, so you can be confident that you are making the best decisions for your family or business.
How can we help?
Our lawyers can set-up, structure and manage trusts, offer comprehensive support, guidance and advice to founders, beneficiaries, protectors, trustees, family offices and advisors, both offshore and onshore.
We can advise and assist with the following:
- Trust formation, ensuring clients have the right trust structure in the best jurisdiction for their needs whether for tax planning, fixed heirship avoidance or asset protection.
- Trust oversight and review – independent advice on the roles, responsibilities, limitations and liabilities of trustees, protectors and enforcers under local and international law.
- Trust law and tax – residence and domicile issues affecting settlors, trustees and beneficiaries, conflict of laws rules applicable to multi-jurisdictional trusts and when these rules may apply, the global regulatory frameworks that counteract fraud and money laundering.
- Trustee support – help and guidance to trustees on managing family trusts and avoiding conflict and disputes.
- Trust disputes – intervening to resolve trust disputes by mediation or pursuing claims by disappointed or disenfranchised beneficiaries.
- Independent corporate trustee service – to work independently or alongside existing trustees to provide the skills and objectivity required to deal with technical tax, legal administration and asset management issues to ensure a stable and continuous trust relationship and the avoidance of conflicts of interest
For legal advice on creating a trust and the drafting of trust deeds, please contact us to make an appointment:
Get in touch today to book your complimentary Wills consultation by clicking here with one of our Wills & Estate Inheritance Lawyers. We are happy to help you.