Trusts

Can You Set up a Trust Without an Attorney?

By
Dominion
Updated:
November 2, 2024
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8 min read
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Let’s begin by considering the following: a very successful, driven, and self-made entrepreneur chooses to create a trust to guard all the wealth they’ve acquired over the years. They built their empire from the ground up, so it makes sense to tackle this legal task on their own.

They figure online forms look easy enough, and the apparent savings look appealing. But this seemingly simple route could in actuality land them in hot water. Why? Because trusts are complex legal tools, with even a minor mistake potentially exposing their assets to unnecessary risk. So, what’s the right answer here?

Simple—Dominion. We work with some of the most sophisticated people and families in the world, those who realize protecting their legacy calls for more than just a do-it-yourself strategy.

Working for ultra-high-net-worth individuals, Dominion has spent decades masterfully negotiating the convoluted realm of asset protection. We are well aware of the risks, the hidden pitfalls, and the always-changing legal environment that could compromise even the most well-meaning do-it-yourself projects.

While skipping legal advice might seem appealing, there’s a danger lurking, particularly for those individuals with significant wealth, and trying to establish a trust without an attorney puts you at a risk you simply cannot afford to chance.

Trusts Vary Greatly, and Their Differences Could Affect Your Goals

For wealthy people and families trying to manage their assets both during their lifetime and for future generations, trusts are powerful tools. You might think of a trust as a legal vessel that contains all of your assets.

It also holds specific instructions for how to distribute and administer your wealth. But trusts aren’t created equal. On the contrary, they come in many forms and are designed for different purposes.

Revocable Trusts

A revocable trust provides a level of flexibility not found in other trusts. As your situation changes (which is certain to happen throughout your lifetime), you retain power over the assets kept in the trust. That means you can make changes as you see fit in accordance with your real-life changes.

Those who expect potential shifts in their family relations or financial circumstances may want to choose this kind of trust. It offers a defined structure for its administration and guarantees that your wealth adapts to the inevitable uncertainties of life.

Irrevocable Trusts

Conversely, an irrevocable trust is meant to be a permanent solution. Once set, it cannot be readily changed or undone. This function makes it a great shield for asset protection, protecting your wealth from any creditors and legal issues.

For individuals looking to reduce their tax load and save their money for future generations, irrevocable trusts can also provide major tax benefits. They’re a strategic solution for many HNWIs and families.

Specialized Trusts

Beyond these two main forms, some specialized trusts cater to unique situations. Take a loved one with a disability, for instance. A Special Needs Trust lets you cover costs without compromising their eligibility for government assistance.

Moreover, Charitable Trusts provide a means of helping causes you believe in while possibly lowering your tax liability. The important lesson here is that the world of trusts is not homogeneous.

It’s a varied terrain that calls for considerable thought and professional advice to choose the right instrument for your particular requirements.

A Word on Jurisdictions

It’s another layer of nuance, but it’s important to talk about jurisdictions and how they affect trusts. This is because trust laws differ greatly across jurisdictions. A legitimate trust structure in one jurisdiction might be deemed useless or even unlawful in another.

When handling foreign assets, cross-border investments, or beneficiaries living abroad, this becomes more crucial. Without a strong awareness of these legal subtleties, trying to build a trust on your own can easily backfire, thus hurting you financially.

Why “DIY Trusts” Are a False Economy

Yes, choosing to set up a trust without an attorney is an inarguable way to save money upfront. But it’s important to understand the potential for hidden expenses—expenses that could seriously jeopardize your legacy and savings.

What’s more, the consequences of creating a trust without an attorney usually outweigh any initial savings. At Dominion, we have seen personally the fallout that comes with an improperly constructed trust. They’ve left families entangled in financial turmoil and legal battles.

The High Cost of Mistakes

Any errors made in the formation of a trust can set off a chain reaction of adverse consequences. Poorly drafted provisions might result in unexpected tax obligations, therefore undermining the very wealth you intended to protect.

Assets kept within a flawed trust can become subject to legal challenges or creditor claims, therefore negating the trust’s entire purpose. Perhaps most serious of all, mistakes can lead to your assets being subject to probate, a drawn-out and costly legal process that can delay the distribution of your wealth to your loved ones.

These are not hypothetical potentialities. They’re real-world problems that we regularly come across in our work with high-net-worth clients. Families have been split apart by disputes resulting from unclear trust language. We’ve seen clients lose assets due to insufficient protection and legacies damaged by preventable judicial battles.

There’s Value in Optimization

As we have shown, doing a do-it-yourself project might expose major financial hazards. But a significant potential cost is also at stake. Professionally created trusts go beyond the basic requirements of a do-it-yourself trust. When a team of professionals like

Dominion builds your trust, we use advanced techniques to reduce tax obligations.

We also easily interact with foreign structures and use cutting-edge asset protection systems. These are not the qualities of a trust developed in a simple online template.

Our specialty at Dominion is developing unique trust solutions based on the specific needs and objectives of every customer. Our great awareness of the subtleties of local and international tax legislation helps us to design strategies safeguarding your wealth and optimizing its potential.

Besides that, our global network guarantees that your assets are protected wherever they may reside. How, you ask? By giving you access to a wide range of legal instruments and jurisdictions.

A DIY trust might sound like a bargain initially, but there are often hidden costs deep within. Choosing to set up a trust without an attorney almost always has a big chance for mistakes, missed opportunities for optimization, and the major danger of compromising your legacy.

The Dominion Approach to Trusts and Asset Protection

Generic solutions have no place in our values. Dominion knows that all clients, all families, all assets are varied and unique. That’s why our approach to asset protection is based on a profound understanding of what you need, what your goals are, and any concerns you have. This lets us create a customized solution designed to protect your money and help you achieve your goals.

The Power of Personalized Solutions

We begin our process by closely examining your situation. We commit time to look into and learn about your family dynamics, long-term objectives, and financial status. This helps us to design a customized strategy based on your particular situation.

Equally crucial is our knowledge of how to design a solution that fits your needs, whether they call for a flexible trust that evolves with time or an unbreakable foundation to guard your assets against any threats.

Diversity doesn’t scare us, either. As a matter of fact, we embrace it. Our clients are likely to have complex financial interests. They may even be scattered throughout multiple countries. This doesn’t intimidate us in the least.

This is because we possess the knowledge and experience required to approach such logistical problems with exacting accuracy. We are aware of the nuances inherent in international tax law, asset protection rules, and estate planning guidelines used in countries all around.

We Have a Global Perspective

Dominion operates on a global scale. Our network provides access to a wide range of legal tools and techniques, as it goes far beyond any single jurisdiction. We can create trusts in nations with the best tax treatment and the strongest safeguards for your particular situation. We live in a highly interconnected world where wealth regularly transcends borders. That makes our global perspective vital.

Legal professionals on our staff are well aware of the laws and rules of important financial centers and asset protection havens. We do not depend on out-of-date knowledge or general guidance. Rather, we stay ahead of the curve, tracking legislative changes and adjusting our strategies to guarantee your money stays safe.

Proactive Adaptation

Laws change constantly. Regulations evolve. New risks are always lurking on the horizon. At Dominion, we understand that when complacency exists, asset protection becomes threatened. We are therefore always alert.

In the legal and financial domains, we continually look for potential threats and possibilities. Our proactive approach guarantees that your money is concealed from growing dangers and that your trust structure remains strong in the face of change.

Build a Legacy that Lasts with Dominion

Don’t leave your wealth vulnerable to the mistakes that come with DIY trust creation. To schedule a consultation and see how our experience, worldwide reach, and unwavering devotion to client wealth preservation will guard your legacy for future generations, get in touch with Dominion today.

Dominion

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