Trust

A Trust is a legal framework that enables a trustor, to give the trustee, the right to hold title to property or assets for the benefit of beneficiary.

Trust

Multigeneration wealth planning

Asset protection from legal claims

Phased distribution of wealth

Business succession

Avoiding probabte

Private document

Will

Single generation of asset

No asset protection from legal claims

One shot distribution of wealth

No business involved

Probate of will

Public document

1

Research

Before creating a Trust, it is crucial to determine need of the client based on assets, family situation, legal obligations, beneficiaries & wishes of trustor.

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2

Draft

Next step is to draft your Trust Deed, ensuring it reflects your wishes and meets legal requirements. Depending on your estate's complexity, you can choose between two types of Trusts.

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Instant Trust Deed generation

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  • Dynasty planning
  • Business succession
  • Providing for unborn heirs
  • Protection of Assets
  • Phased wealth distribution
  • Assets in Multiple jurisdictions
  • Planning for specific needs & criteria
  • Conditional distribution
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3

Review

The lawyer will review your Trust Deed, ensuring it meets all legal requirements and accurately reflects your intentions.

Schedule a paid call of 30 mins with our consultant
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4

Registration

Registration is essential to make your Trust legally effective.

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  • Draft Power of Attorney (POA)
  • The POA is then apostilled in your country
  • Send the POA by post to India
  • The POA is registered with the SDM office
  • Once this entire process is complete, register your Trust with the Sub-Registrar

Design Your Package

Trust

Price

Trust Deed Drafting
$500
Trust Deed Review
$200
Registration of Trust
$400

Total Value

Base Price :$0

Total Amount :$0

Power of Attorney

Price

Drafting of POA
$60
Notarisation & Attestation
$200
Registration of POA
$200

Total Value

Base Price :$0

Total Amount :$0

Submit Your Query

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Frequently Asked Questions

A Trust is a legal arrangement where a Trustee holds and manages assets on behalf of beneficiaries. It can provide tax benefits, protect assets, and ensure a smooth transfer of wealth to your family members.

NRIs may consider setting up a Trust in India to manage and protect their assets, ensure efficient distribution of wealth, and navigate complex inheritance laws, particularly when owning property or other investments in India.

There are several types of Trusts, including revocable, irrevocable, discretionary, and specific Trusts. Each type serves different purposes based on your inheritance planning needs.

A Trust takes effect during your lifetime, allowing you to manage and distribute assets as you wish, while a will only takes effect after your death. Trusts can also provide greater privacy and control over how your assets are handled.

The process typically involves deciding the type of Trust, drafting a Trust deed, appointing a Trustee, and registering the Trust with the relevant authorities. Legal and financial advice is crucial to ensure compliance with Indian laws.

While Trusts are generally more difficult to challenge than wills, they can still be contested under certain circumstances, such as allegations of fraud, undue influence, or lack of mental capacity at the time of creation.

Yes, you can include overseas assets in a Trust, but it involves additional legal and tax considerations. It's advisable to consult with experts in both Indian and international laws.

We offer comprehensive services, including legal drafting, Trustee appointment, registration, and ongoing management of the Trust to ensure your family’s inheritance is protected according to your wishes.

Key legal clauses in a Trust deed typically include the purpose of the Trust, the powers and duties of the Trustee, the rights of the beneficiaries, the duration of the Trust, and the conditions under which the Trust can be amended or terminated.

The Indian Trusts Act, 1882, provides the legal framework for creating and managing Trusts in India. It outlines the roles and responsibilities of Trustees, the rights of beneficiaries, and the legal formalities required for a Trust to be valid.

Yes, NRIs can appoint foreign Trustees or co-Trustees, but this may involve additional legal considerations, such as compliance with the Foreign Exchange Management Act (FEMA) and other regulations related to foreign Trustees managing Indian assets.

A Trustee is legally bound to act in the best interest of the beneficiaries, manage the Trust’s assets prudently, avoid conflicts of interest, and follow the terms laid out in the Trust deed. Breach of these duties can result in legal action.

A well-drafted Trust can minimize legal disputes by clearly defining the distribution of assets, setting conditions for beneficiaries, and limiting the grounds on which the Trust can be contested. Trusts are generally more resistant to legal challenges than wills.

If a Trustee fails to fulfill their duties, beneficiaries can take legal action to remove the Trustee and seek compensation for any losses incurred due to the Trustee’s negligence or misconduct.

Indian law allows a wide range of assets to be included in a Trust, including real estate, financial investments, and personal property. However, there are restrictions on certain assets, such as agricultural land, which NRIs may not be permitted to own directly.

Cross-border inheritance involving an Indian Trust can be complex, involving multiple jurisdictions, different inheritance laws, and tax treaties. Legal advice is essential to navigate these issues and ensure compliance with both Indian and foreign laws.