Estate planning
in Hong Kong.

We can assist in advising an appropriate estate planning vehicle, act as fiduciary Trustee or foundation council members and administrators of such structure.

Estate planning in Hong Kong

Transfer your wealth to the next generations safely & wittingly.

Estate planning is the process of mapping out how you will divide your estate and assets to continue your legacy in alignment with your dreams and values. Our professional team can help establish a suitable fiduciary vehicle for you to achieve favourable positions, including:

  • Protection of assets from sequestration. In some cases where a forced heirship regime exists, we can ensure your assets are distributed according to your wishes rather than those laid down by law
  • Prevention of the dissipation of family wealth and maintaining continuity of family assets
  • Migration of family wealth and executing family philanthropic objectives
  • Provision of education and maintenance for children and other family members
  • Protecting the next generations from losing assets through divorce
  • Long term care and provision of funds for handicapped or high maintenance dependents or children
  • Corporate and personal tax structuring to reduce taxation at home and in foreign jurisdictions (such as reducing personal and estate taxes and death duties or capital/gift taxes).

Trusts & Foundations.

The fiduciary vehicles we can assist in establishing are Trusts and Foundations in various jurisdictions such as Hong Kong, Singapore, Liechtenstein, New Zealand and the British Virgin Islands. The suitability of a Trust or Foundation and the jurisdiction of governing law will depend entirely on your particular situations, geographical location and even merely the choice of persona.

In general, we create a Trust or Foundation when the Settlor or Founder (the person making the trust/foundation) and Trustee, execute a legal deed that lays down the method in which the assets are to be held in Trust for beneficiaries (people who will receive funds from the Trust/Foundation).

The assets from the Settlor/Founder going into the Trust will need to be physically transferred to the Trustee. The Trustee then becomes the legal owner of these assets and has a “professional duty of care” to look after these assets for the beneficiaries of the established Trust/Foundation.

Trusts & Foundations
FAQ

Common questions.

What is the difference between will and estate planning?
Both Trusts and Wills can also be used for estate planning – plan for unforeseen circumstances such as incapacity or disability, by giving discretionary powers to the Trustee or Executor of the Will. Estate planning, as opposed to testamentary (Will), avoids probate. Avoiding probate may save costs and maintain privacy and Trusts have become very popular vehicle. The probate process may be costly and probate records are available to the public while distribution through a Trust is private.
Why is estate planning important?
Estate Planning is extensive and benefits include:
  • Protection of assets from forced heirship claims (sequestration)
  • The prevention of the dissipation of family wealth and businesses
  • The migration of family wealth
  • Provision of education and maintenance for children and other family members
What should be included in estate planning?
Estate planning should include, precise details of assets, the way these assets are distributed, who should be benefitting from the assets, the events (if any) that determines distribution, parties that have powers for direction, etc.
Is it better to have a will or trust?
Both Will and Trust have their own benefits. The various factors that are to be considered are, circumstances of the case, the assets valuation, cost benefit ratio, the purpose of the instrument as well as the duration of the planning, etc are some of these factors.
What are the important factors in estate planning?
The important factors of estate planning are, purpose of the estate planning structure, the appropriate jurisdiction of settlement, proper instrument for settlement, the suitable professional trustee/fiduciary, the proper planning of asset distribution, the mechanism of supervision and more.
Ready to get started?

Request a quote to take the next step towards your estate planning in Hong Kong.

Non-binding & confidential
Not sure where to begin?

Schedule a free 30-minute consultation on advancing your wealth & interests
in Hong Kong.

Saji Mathew, Acclime partner

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