"Leading Practice"
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"Leading Lawyer"
"Leading Practice"
"Global Leader"
Trust lawyers at Timothy Loh LLP advise on the setup and administration of trusts. They represent clients in trust litigation arising from trust disputes. Their work has earned a reputation of excellence. Our clients include numerous members of families with assets valued in excess of US$100 million.
In the setup and administration of trusts, our trust lawyers have deep experience with family trusts. In this area, our work extends to both testamentary and inter-vivos trusts with a view to inter-generational wealth transfer and asset protection, including ring-fencing of assets (whether in Hong Kong or abroad) from creditors and the minimization of loss of wealth through potential conflicts or disputes among family members or taxation.
Where appropriate, our trust lawyers work in conjunction with our other practice areas in corporate finance, mergers and acquisitions, private equity, hedge funds and family offices to facilitate the making of investments held through trusts and to provide an overall sound wealth management structure.
Our trust litigation lawyers advise high net worth individuals, family offices and trustees, focusing on high value or multi-jurisdictional trust disputes posing high levels of client sensitivity and complexity. Our experience extends to trust disputes in respect of the validity of a trust, the distribution of trust assets, financial and maintenance claims arising from marriage or family relationships, breaches of trusts and the disclosure of trust related documentation and information.
PRACTICE AREAS
trust creation
& STRUCTURING
Our trust lawyers offer you in-depth guidance on the creation and structuring of trusts, both fixed and discretionary and testamentary and inter-vivos. We understand the desire of trust settlors to maintain a level of control and influence over the assets to be settled into the trust. We understand the desire to minimize the loss of assets through family disputes or creditor action. We understand the need to create a tax plan to minimize the erosion of wealth through taxes. And, we understand the desire to leave an enduring legacy aligned with your vision. Our knowledge of trust law as well as general commercial laws enable us to tailor recommendations for the optimal trust structure that is best suited for your needs.
trust
CONTROL
Our offerings include devising arrangements to enable a settlor to maintain limits on the trustee’s control over trust property and assets, whether through private trust companies, letters or memoranda of wishes, the appointment of a protector, the appointment of an investment manager, the appointment of directors to the holding companies of the trust, the creation of an investment committee or a reservation of powers to the settlor.
We advise on the limits of control to minimize risks of the trust being characterized as a sham, on statutory mechanisms available to reserve powers and on offerings available in jurisdictions outside of Hong Kong which may offer different mechanisms to achieve control objectives.
tax
PLANNING
At Timothy Loh LLP, we understand the desire to limit the erosion of wealth through taxes. We understand that family members who may be trust beneficiaries may move abroad for different reasons at different stages of their life.
We leverage our tax expertise to minimize both the taxation of income and capital receivable from trusts and the taxation of trust assets. We coordinate where necessary with our network of tax advisers across different jurisdictions to ensure that wherever the beneficiaries of the trust and wherever the assets of the trust may be located, tax liabilities will be minimized to the extent possible.
trust
ADMINISTRATION
Our services extend to providing trustee services through our affiliate and advising on the full range of legal issues which arise in the course of the administration of trusts. We advise on compliance with the terms of trust, duties of care and fiduciary responsibilities, providing advice on dealing fairly between beneficiaries. We can provide guidance on the rights of beneficiaries to entitlements, distributions and information. From powers of investment and sale, to equitable principles laid out in statutes, common law rules, equitable principles and the Trustee Ordinance (“TO”), we seamlessly guide trustees through complexities with confidence.
Let us arrange an appointment with our award-winning lawyers for your case
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