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Trust Settlement Corporation Limited Executor & Trustee Services A Guide to Services

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Page 1: Trust Settlement Corporation Limitedapi.ning.com/files/mk90iPIj2c5cwJCT2oelNScvHaM1bBiHc*2... · 2016-10-21 · About Us: The Trust Settlement Corporation Limited (TSC) assists you

Trust Settlement Corporation

Limited

Executor & Trustee

Services

A Guide to Services

Page 2: Trust Settlement Corporation Limitedapi.ning.com/files/mk90iPIj2c5cwJCT2oelNScvHaM1bBiHc*2... · 2016-10-21 · About Us: The Trust Settlement Corporation Limited (TSC) assists you

About Us:

The Trust Settlement Corporation Limited (TSC) assists you in providing an efficient

and effective Executor and Trustee service for your Estate and for the drafting of

your Private Trust(s).

TSC takes great pride in delivering a unique individually and personally bespoke service, tailored to meet your identified needs. We provide assistance, advice and help in supporting you as Executor of your Estate or as Trustee of your trust. We are able to also give you assistance and help in the administration

of your Estate or acting as Trustee of your Trust. TSC had a unique understanding o f Estates and Trusts, everyday circumstances including Court and Government matters. Dealing with these issues according to your individual circumstances will give you peace of mind and help to s a f e g u a r d your future and the f u t u r e of l o v e d ones. During your lifetime assets and property that you have worked for can be lost

due to family disagreement, a parent or spouse dies without making a Will. Do you know their last w i s h e s ? Have you decided who gets what? Have you written down or stipulated your wishes? Assets and income that belongs to your Estate must be identified and

brought into your Estate to allow you and your chosen

beneficiaries to benefit from them, not only during your lifetime but well beyond. Your Estate needs to b e protected and managed, we c a n help. Learn how to m a n a g e your financial a f f a i r s , operate a s a n Executor and/or T r u s t e e . Learn how to take control o f y o u r life, protect your wealth, your assets and

your family. We w i l l assist you in identify debts and liabilities before they are s e t t l e d .

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If you don’t make a decision as to w h a t is to h a p p e n to y o u r money and your

assets the Crown will make the decision for you. A specific and well drafted Will

limits loss after death but a Private Trust will protect your assets for y o u r s e l f and your Beneficiaries during your lifetime and beyond. Your Trust overrides an y Will and who the Government d e c i d e s will receive your property.

Our Services: Our Executors and Trustees participate in gaining knowledge and experience

through ongoing training, s e m i n a r s and workshops. You are invited t o benefit f r o m t h e s e services and the wealth of k n o w l e d g e and experience that exists

within the TSC. We will provide help and support when you need it.

Regardless of how much or how little you have, you do have assets, some of which you are not aware of. These assets need to be managed and protected from spouses, unscrupulous friends, partners, bankruptcy, business associates, courts, the taxman and the C r o w n . TSC looks a t your i n d i v i d u a l circumstances while drafting your t a i l o r made Trust. We will be on hand with services that assist you as an Executor or Trustee and

help you to maintain the integrity of your Estate or Trust throughout its lifetime, allowing you more freedom to decide what you want to do and how you want to live your life. During your lifetime assets and property that you have worked hard to amass are often lost to a variety of situations and

circumstances. Having a Trust and how you manage or administer your E s t a t e can safeguard against these times and even help build your Estate.

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Avoid Losses Due To The Following Family disagreements: Property held in a Private Trust does not need to be disclosed to family or even the beneficiaries. You decide w h e n s u c h information should be revealed. Your Trust holds the property and asset that you control and enjoy the benefits of but it is owned by your Trust. A parent, spouse, family or friend dies without leaving a Trust or a Will. This can mean that w i l l n o t g e t what w a s expected, promised or due. Items y o u thought were s a f e can b e seized o r given t o a n o t h e r . During this very emotional and turbulent time, loved ones are unable to think clearly and are at a loss as to the right course of action to take and so they do nothing and the situation persists. You a s Trustee or a n appointed Trustee can act to prevent this type o f situation from o c c u r r i n g . Partner's unscrupulous behaviour: A partner living with y o u may claim ownership of your p r o p e r t y . This is possible if they are able to prove contributions to the mortgage and bills, It is even more of a possibility if you have children with a partner or you get married. The situation can get far worse i f you have mistakenly included them in financial decisions and bank accounts. Putting y o u r T r u s t i n place protects you from unscrupulous partners or those w i t h a hidden agenda. Personal Issues: When personal issues become a priority, things that you would, could, or should have done to stop a particular situation from occurring were not avoided. Honestly ask yourself how m a n y t i m e s has such a situation applied to you o r to o t h e r s that you know?

Now is the time when you can decide to put your Trust in place and avoid the pitfalls that will be coming in the future.

Illness: Illness robs us of so many things, the ability to function and make accurate decisions, allowing decisions that are made to be challenged. Control can be taken away from you and given to others who do not and will not act in your best interest. The everyday things that you once did do just to function and enjoy life become more and more difficult or even impossible. There are those who can and will take advantage of such situations and the law inadvertently assists them. Having a trust that operates according to your wishes can never be challenged and instructions must be adhered to regardless of your illness, capability or mental capacity. This i s a critically major safeguard and b e n e f i t to h a v i n g a Trust.

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Government Taxes-Income/Corporation, Capital G a i n s , Inheritance:

Tax avoidance is perfectly legal and means you can use existing Tax laws to reduce the amount of tax that you pay. Trusts are used by the rich and wealthy to take advantage of the tax laws and rules relating to legal ownership and can be used to your advantage so that you also get the benefits.

Court Action:

Often your suffering i s the r e s u l t of Court Action. A judgement or order made against you, means you could end up paying out a great deal in assets or property allowing you to lose what you legally own. Having a Trust means that your assets are no longer legally owned by you but is owned by the Trust, you control and benefit from the property and the assets of the Trust. If you plan properly this could mean that the Trust assets and property are not available for the courts to relieve you of. Bankruptcy, Loss of B u s i n e s s or Livelihood:

By thinking ahead and having a Trust you can avoid the pain, stress and trauma of being forced to sell your assets and give up the income you have worked hard to accumulate. The official Trustee, Trustees in bankruptcy and Liquidators come after the person's unprotected assets and not the assets protected in your Trust, if you set up your Trust accurately and in good time.

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Are you ready to see the positive difference a Private Trust will make and have in your life and the lives of your loved ones and beneficiaries?

During your lifetime assets that you have lost or assets that you may not be aware of due to various circumstances can be recovered.

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Benefits and unclaimed assets that you a s E xecutor or Tr ustee can lay claim to: Reducing your personal financial assessment: If you have transferred assets into a Private Trust, the value and worth of those assets will not be included in your financial assessment. If you the in d iv id u a l are being h e l d accountable for any d e b t s , liabilities, undertakings and o b l i g a t i o n s your liability is limited to your f i n a n c i a l worth. Recovery of U ncl a i med Assets: These assets can exist in the f o l l o w i n g ways: 1. There is no time limit on claims that should have been made for assets that you should have inherited from past generations. 2. Property held by the Crown which forms part of your Estate is there for you to claim and place within your Estate. This is your legal entitlement. 3. Government Statutes that create trusts exist for your benefit.

4. Implied or Constructive Trusts that you create that then give rise to assets are yours to claim. Court Claims: Executor(s) or Trustee(s) have the capacity to make claims and to bring action on behalf of the Estate or Trust for claims before, during and after your lifetime for the benefit of your beneficiaries. E.g. Inheritance Laws, state that a person's actions, deeds, and agreements made during their lifetime entitles legitimate heirs, you or your ancestors to property, income, and items of value which you have not receive, these items belong in your estate and may form part of your Trust, a claim can be made to recover such items which can be substantial and have great value. Popular T V P rograms such as Heir Hunters are based on this principle. A widow and Executrix of an estate can bring a claim on behalf of the estate under the Law Reform (Miscellaneous Provisions) Act 1934 for the benefit of dependants of the deceased under the Fatal Accidents Act 1976 where an accident led to the demise of her husband. During your lifetime assets have been created either by you or by past generations and as a result of these transactions taking place there may be others that are benefitting from what is rightfully yours. When you realise the injustice, you will see that it makes sense for your Estate or Trust to claim what rightfully belongs to your Estate.

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Executor & Trustee Services: We will assist you in your role as Executor of your Estate or as Trustee of your Trust. Our goal is to provide seminars, workshops and presentations that will explain the fundamentals of your fiduciary duties and the capacity in which you operate as an appointed office.

Will and Probate Services: A Will is a common type of Trust. TSC is able to assist in the drafting of your Will. You can rest assured that your final wishes or the final wishes of your loved ones will be executed with the utmost certainty, integrity and confidentiality.

Trust Services: We assist in the setting up and administration of your Trust for your benefit and the benefit of your beneficiaries. TSC takes into account your individual circumstances and we understand your needs and how the setting up and administration of a Trust can have an immediate and long term impact on your circumstances, your future, the future of your family, loved ones and partners

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We act for you for your benefit: The Trust Settlement Corporation offers workshops, seminars and presentations which draws from real life experiences and will relate to your personal circumstances and situations. We welcome your participation in these services.

How does the Trust Settlement Corporation work? Estate and Trust work involves the process of establishing the legal and equitable ownership of an Estate and the property of that Estate. The Estate or Trust itself may have revenue, income, or liabilities. It is therefore imperative that the validity of all liabilities be established. TSC will help to identify such assets, income and liabilities.

The responsibility for management and administration lies with the Executor of an Estate and the Trustees of the Trust, who often appoint a firm, such as the Trust Settlement Corporation to assist with the responsibility of managing and administering the Estate or the Trust

The executors have a number of responsibilities, including:

• Interpreting the duties of the Trustees and ensuring that the stipulated wishes for the benefit of the beneficiaries are carried out.

• Identifying, assets and liabilities of the Estate. • Obtaining the joint and sole assets together with

valuations of such assets, as full accounting must be maintained.

• Preparing Tax returns for Capital Gains Tax, Income Tax,

Stamp Duty, Land Tax and when/where necessary Inheritance Tax.

• Settling the liabilities of the Estate including taxes. • The Completion and filing of the relevant court forms/documents. • Applying for Probate.

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The Trust Settlement Corporation can also assist and support with handling the responsibilities of Probate matters and engage professionals where necessary.

The Benefits:

Expertise: We are specialists and because of this fact, you can be assured that you will receive the highest level of service available. You will get the advice that suits your specific situation. TSC services are built exclusively on providing Private Trusts and assisting Executor and Trustee with our support services.

Impartial advice: Choosing a close friend or family member to act as an Executor or Trustee runs the daunting risk of subjectivity, opinion, disagreement, and personal preference creeping in. By appointing an Impartial body such as the Trust Settlement Corporation to assist you, you can avoid any possibility of conflict of interests, this leaves the TSC able to assist with helping to protect your Estate and defend your Trust(s). Confidence:

Executor's and Trustee's duties in particular can involve a great

deal of time effort, stress and even financial burden. This can be

very overwhelming for any individual. You can place your trust in

the hands of the TSC, our knowledge and confidence will deliver

tile results.

Personal Service:

Your contact with the Trust Settlement Corporation will allow us to get relevant information of your personal needs and trust requirements. Allow TSC to assist you in drafting your Will and Trust documents. We provide workshops, seminars and presentations that are specifically designed to empower you as an Executor or Trustee and help you to understand your role and how you can confidently maximise the management and administration of your Estate or your Trust.

TSC encourages your personal development as an Executor or Trustee. As your knowledge and confidence increases your need for assistance will diminish allowing you to operate in an independent capacity. TSC will always be on hand to help.

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Our Fees: The aim of the Trust Settlement Corporation Limited is to provide a transparent and clear pricing structure, with no hidden fees. You will know up front what you get for your money and how much the service you choose will cost.

TSC's service charges are extremely competitive and minimum fees will apply giving you a clear picture of expected costs and outlay. Fees are charged in accordance with our pricing as listed below (which are subject to change)

Service and Products:- Bronze Package cost £399 includes: • Private Trust Documents • Drafting of Private Trust (Deed/Indenture) • Private Trust Asset List • Proof of Public Notices • Letter of Trustee Appointment • Letter of Notification to Beneficiaries • Provision of Legal Signatories • Instructions to open your Private Trust Bank Account

For a total of £799 (only) why not upgrade to the Platinum Deluxe package to receive all the added benefits and features of the platinum Deluxe including: • Certificate of Proof of Private Trust

• Storage/Repository Service

• Provision of Professional Independent Trustees

• Family Seal/Crest with traditional wooden antique pine handle.

• Enhanced Private Trust (Deed/Indenture) printed on quality

• Provision of Professional Independent Trustees

• Ironclad clause inclusion permitting the following:

• Additional Powers of Appointment,

• Power to receive additional property

• Power to Remove Trustees

• Enhanced Administrative Powers

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Your Private Trust and accompanying documentation will be lovingly presented in a top quality display wallet available in a exclusive range of sophisticated executive options. Y o u r T r u s t D e e d features impressive parchment paper

that brings an old-world look and feel or bonded paper that is watermarked and date-coded for authentication , both are acid and lignin free. A personal crest or seal of your choosing will be made to your order. The seal will then be given to you for personal use on your documents and in the administration of your Trust. These beautifully formal Trust wallets are

ideally suited for display, safekeeping and travel while keeping your documents in one place and in order. Your choice includes a range of designs and styles that can change due to limited availability. Details of current choices are provided in our literature and typically include our black leather wallet, highly polished to a lustrous glossy shine. A top quality soft and supple waxy tan genuine hand finished calfskin wallet, with traditional Italian style leather ties. This wallet comes with buttery cream feint-lined pages. Personalisation options are available for some wallets to have initials and names. TSC Trust wallets have a quality that is top of the line, their contemporary style and elegance will not fail to impress.

Disbursements: In addition to the costs charged by us there may be disbursements for outside services that may need to be retained: • Accountants

• Investment Advice • Financial Services

• Company & Government Compliance

• Solicitors Fees and Disbursements • Court Administration

• Cost of advertising for Creditors/Claimants.

• Cost of tracing missing Beneficiaries

• Cost of tracing Assets and Property. The disbursements will vary and are dependent upon your individual need and circumstances. Any and all disbursements can be a valid expenses payable by the Estate or Trust and the i n c l u s i o n o f t h e clause in your Private Trust allowing this is necessary in order to better administer the needs of the Trust.

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Free Advice: Obviously we would love the opportunity to talk to you about how we can help you draft your Private Trust, but if you require just an hour or two of one to one advice or guidance we can do that too.

We bring our collective experience to bear on your needs. We help you to help yourself and where your circumstances are unique we have the ability and experience to deal with your situation and use our skills to suit your needs. TSC provides you with the asset to hold all your assets from the past, present and future. As the Executor you can be the Trustee and one of the Beneficiaries.

TSC is happy to help make this happen.

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Definition according to Blacks Law Dictionary (4th Edition):

Estate

"Estate" designates the property (real or personal) in which one has a right or interest; the subject-matter of ownership; the corpus of property. Thus, we speak of a "valuable estate," "all my estate," "separate estate," "trust estate," etc. "Estate" comprehends everything a man owns, real and personal, and should not be limited in its construction, unless connected with some other word which must necessarily have that effect. A man's "estate" is that which he can sell or dispose of at his pleasure or what he can pass on to another. Howard v. Mitchell, 268 Ky. 429, 105 S.W.2d 128, 133. Trust A trust arises as the result of a manifestation of an intention to create it. Goodenough v Union Guardian Trust Co ,267 N.W. 772, 773, 774, 275 Mich. 698.

A trust is a legal arrangement where one or more person called trustees, look after and deal with assets (the trust property) for the benefit of the trust beneficiaries. Private Trust: One established or created for the benefit of a certain designated individual or individuals(~or a known person or class of persons, clearly identified or capable of identification of the terms of the instrument creating the trust; as distinguished from trusts for public institutions or charitable uses. Pennoyer v. Wadhams, 20 Or. 274, 25 P. 720, 11 L.R.A. 210; Doyle v. Whalen, 87 Me. 414, 32 A. 1022, 31 L.R.A. 118; Brooks v. Belfast, 90 Me. 318, 38 A. 222· Bauer v. Myers, C.C.A.Kan., 244 F. 902, 911. Trust Asset (Bouvier) The property in the hands of an heir, executor, administrator or trustee,which is legally or equitably chargeable with the obligations, which such heir executor , administrator or other trustee, is, as such, required to discharge, is called assets. The term is derived from the French word assez, enough; that is, the heir or trustee has enough property. But the property is still called assets, although there may not be enough to discharge all the obligations; and the heir, executor, &c., is chargeable in distribution as far as such property extends.

Trustee Settlement Corporation Limited

2nd Floor, Daily Times House

43-45 Coldharbour Lane

Camberwell

London

SE5 9NR Telephone No: +44(0) 207 000 1853

Email Address: [email protected]