Do you already have your pre-immigration plan?
Cécile Civiale Vuillier
by Cécile Civiale Vuillier
Introduction
As the United Kingdom Resident Non-Domiciled (UKRND) regime comes to an end, high-net-worth Individuals (HNWIs) are increasingly exploring opportunities abroad.
This shift underscores the importance of comprehensive pre-immigration planning, with the establishment of a trust emerging as a cornerstone strategy.
This article explores why creating a Trust should be a top priority for HNWIs preparing for international relocation.
1. Asset protection
In an ever-changing global landscape, protecting wealth from potential legal claims, creditors, or political instability is paramount. Trusts offer a robust shield for assets, allowing HNWIs to maintain control while safeguarding their wealth from unforeseen risks. By separating legal ownership from beneficial ownership, a trust creates a protective barrier that can withstand various legal challenges.
2. Tax efficiency
Navigating the complex web of international tax regulations presents a significant challenge for relocating HNWIs. Trusts can serve as powerful vehicles for optimising tax efficiency by:
Providing structures that legally mitigate tax liabilities in both the home country and new residence;
Allowing for strategic timing of distributions to beneficiaries; and
Facilitating tax-efficient investment strategies across multiple jurisdictions.
3. Estate planning
Cross-border estate planning is fraught with complexities due to varying inheritance laws and tax regimes. Trusts offer a solution by:
Ensuring wealth transfer according to the settlor's wishes;
Minimising estate taxes through careful structuring;
Reducing the risk of disputes among heirs; and
Providing a clear framework for asset distribution, particularly valuable in cases involving multiple jurisdictions.
4. Privacy and confidentiality
In an age of increasing transparency, trusts offer a higher degree of privacy compared to many other financial structures. This confidentiality can:
Protect family privacy in the new country of residence;
Mitigate the unwanted attention that often accompanies significant wealth; and
Provide a buffer against potential security risks associated with public disclosure of assets.
5. Flexibility and control
Trusts offer unparalleled flexibility in wealth management, allowing HNWIs to:
Set specific terms and conditions for asset management;
Adapt to changing circumstances and legal environments post-relocation;
Maintain a degree of control over assets while benefiting from the trust structure; and
Implement bespoke strategies that align with personal values and family dynamics.
6. Succession planning
Effective succession planning is crucial for preserving wealth across generations, especially in a multi-jurisdictional context. Trusts facilitate this by:
Ensuring a seamless transfer of assets to future generations;
Providing a framework for ongoing wealth management beyond the settlor's lifetime;
Accommodating complex family structures and dynamics; and
Offering protection against forced heirship rules in certain jurisdictions.
7. Philanthropic endeavours
For HNWIs with charitable inclinations, trusts can serve as effective vehicles for philanthropy by:
Enabling structured, long-term charitable giving;
Potentially offering tax benefits for charitable contributions; and
Allowing for the creation of a lasting legacy in line with personal values.
Conclusion
As the UKRND regime concludes and international relocation becomes a reality for many HNWIs, the importance of strategic pre-immigration planning cannot be overstated.
Establishing a trust emerges as a critical component of this strategy, offering a multifaceted solution to the challenges of cross-border wealth management.
By leveraging the protective, tax-efficient, and flexible nature of trusts, HNWIs can navigate the complexities of relocation with confidence. However, the intricacies of international trust law necessitate expert guidance.
Engaging with experienced legal and financial advisors is crucial to tailoring a trust structure aligned with individual circumstances and objectives.
As you embark on this significant life change, remember that a well-structured trust, combined with comprehensive planning and a clear vision for your financial future, will provide the foundation for success in your new home. With careful preparation and the right support, the challenges of relocation can be transformed into opportunities for growth, security, and lasting prosperity.
XLNC member firm TrustConsult (Suisse) S.A.Geneva, SwitzerlandT: +41 22 716 02 32
Cécile Civiale Vuillier, TEP, is Partner and CEO of Trustconsult in Switzerland and Head of Private Client for Trustconsult Group. She has an extensive wealth and estate planning career, particularly in the UK, earning a solid reputation for her work on international trust and foundation. Her experience includes managing complex and sophisticated trust and corporate structures for private and corporate clients located around the globe, including Latin America and Asia, and more specifically in the Middle East.Contact Cécile.
