Family trust risk:
1. Identification of risks by beneficiaries
Family trust must clarify the relationship between customers and beneficiaries. It is easy for close relatives to prove their relationship. But if there is no blood relationship, it is necessary to consider whether it will be suspected of money laundering and illegal transfer of assets. Therefore, customers need to prove that the source and ownership of the property are legal.
2. Design interest risk clause
If the beneficiary is unable to pay off the debts due, he may use his trust beneficial right to pay off the debts. Therefore, when concluding a trust contract, it is very important to set the terms of transfer, inheritance and liquidation of beneficial rights.
3. Customer's debt risk
Although the property of the family trust is independent of the client's property, if the trust established by the client occupies most of his personal property and bears a large proportion of external liabilities, the creditor may request to cancel the trust. For trust companies, there may be risks of assuming liability for compensation.
Disadvantages of family trust:
First, the obstacles of remote management of trust property.
After the trust property is transferred to overseas trust institutions, the management concepts and strategies of overseas trust institutions are completely different from those of domestic trust institutions, and their responsibilities are also different.
Second, the obstacles to the entry of trust interests.
It is difficult for trust property to go abroad, and it is difficult for trust income to come back. One is to face a very complicated tax payment process, and the other is to explain the legal source.
Third, there are many problems in the management and jurisdiction of the application of law in the establishment of overseas trusts.
Fourth, language and distance. Some people own dozens of properties and funds around the world. Once their children want to go through the formalities of inheritance after their death, it will probably take several years to complete the inheritance of property.