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Estate planning is the process by which an individual arranges
the transfer of his estate in anticipation of death. An estate
plan aims to preserve the maximum amount of wealth possible for
the intended beneficiaries with the flexibility for the
individual to decide during his lifetime.
An estate is the net worth of a person at any point in time. It
is the sum of a person’s assets- legal rights, interest and
entitlements to property of any kind- less all liabilities at
that time.
Wills, Trusts and Private Foundations are the primary tools
which an individual can use to arrange for the distribution of
his estate.
Trusts and Private Foundations, unlike wills, have the benefit
of avoiding Probate.
Probate is a lengthy and costly legal process that oversees the
transfer of an estate to beneficiaries.
A non-limitative listing of some of the arrangements, which can
be made, using Trust or Private Foundations, would include:
Insurance Trust:
A life insurance trust, is a trust that owns an insurance
policy. At your death, the policy proceeds are paid directly
into your trust rather than directly to your beneficiaries. The
Trust receives the insurance proceeds after you die, which
avoids probate. You will decide how and when the insurance money
goes to your beneficiaries by providing for these matters in the
trust deed.
Testamentary Trust:
A testamentary trust is funded when you die. In this case, you
are leaving money to the trust rather than to the beneficiaries.
You will decide how and when the money goes to your
beneficiaries by providing for these matters in the trust deed.
Support Trust:
If you have children or a spouse who depends on your income for
their daily needs, you might want to consider a support trust.
Beneficiaries of these trusts receive enough money to support
them in comfortable pre-determined lifestyle- as long as the
money lasts!
Education Trust:
With an education trust, you put money into trust for the
purpose of providing for your child’s (or other person)
education. In this case the funds can only be used for
educational purposes.
Spendthrift Trust:
A spendthrift trust is designed for the person who feels that
his or her child, spouse or other beneficiary is either inclined
to spend money irresponsibly or is incapable of making educated
financial decisions. In such a trust, you would set strict
limits on how much money can be given out at any time. To
protect against creditors you may expressively state that a
beneficiary cannot mortgage his interest in the trust and cannot
assign this interest to a creditor.
Every year, too many families go through unnecessary nightmares
simply because someone didn’t believe in estate planning.
Fortunately, people are increasingly realizing that estate
planning is an essential part of financial planning and is one
of the most important decisions you will ever make for yourself
and your family.
For more information:
Email us at: rudsel.lucas@sadekya.com
Sadekya Fiduciary Partners.
Rudsel. J. Lucas TEP, Managing Director
The Triangle Office Building, Hoogstraat 20-22
P.O. Box 4750
Curacao, Netherlands Antilles
Telephone: 599 9 4652698
rudsel.lucas@sadekya.com
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