We help our clients make their visions real through use of private trusts and family trusts.
Yamada & Partners’ consulting on use of trusts
There is an increasing number of cases where issues related to inheritance and business succession are resolved through use of trusts.
Support for drafting and implementing schemes using trusts requires a wealth of knowledge of not only accounting and taxation but also trust-related legal matters as well.
Yamada & Partners offers one-stop solutions for trust schemes that resolve the various issues our clients face, in cooperation with law offices and judicial scriveners’ offices within the Group.
Menu of consulting services on use of trusts
Under the trust system, an owner of assets (the trustor) entrusts them to a trustworthy party (the trustee) who invests, manages, and disposes of them, providing the gains as benefits to the trust beneficiary.
As a result of large-scale amendment of the Trust Act in 2006, a number of objectives which were not possible with other schemes before became possible to realize through trust schemes . These trust schemes, which are also known as private trusts and family trusts, are attracting very high levels of attention as schemes that should be considered when thinking about inheritance and business succession.
Yamada & Partners proposes tailor-made trust schemes to realize clients’ diverse visions.
Examples of schemes using trusts
1. Placing a company’s own stock into trustWhen a company’s current management awards shares of stock to the succeeding management use of a trust makes it possible to award only the property rights of the stock to the succeeding management while the current management maintains the management rights even after the shares are awarded.
2. Testamentary trustIn this kind of trust, the trustor retains the rights to his or her own property while he or she is still alive, and then after the trustor’s death, rights to the property will be succeeded by a person designated through the trust. It’s called a testamentary trust because it has the same effects (e.g., specifying the successor to property) as a last will and testament.
3. Successive beneficiary trustA will specifying that, for example, an elder son would inherit the parent’s property after his parent’s death , and then the second son would inherit it after the elder son’s death which might not be legally enforceable. But use of a trust makes it possible to meet clients’ needs such as this.
4. Welfare trustThe adult guardianship system is one way of helping elderly or disabled people who are unable to enter into contracts on their own concerning their own property. A trust scheme can provide the same kind of help. In the case of a trust, it is possible to set up assistance plans with a greater degree of flexibility, since the system is specified in a contract between the parties.
- 1.Meeting with the client to identify the issues he or she faces
- 2.Drafting schemes through use of trusts
- 3.Sorting out the tax relationships among the trustor, trustee, and trust beneficiary
- 4.Checking legal procedures
- 1.Supporting preparation of documents including trust agreements, wills, and notarized deeds on trusts (in cooperation with attorneys)
- 2.Support for trust registration procedures (in cooperation with judicial scriveners)
- 3.Support for management after the start of the trust period (e.g., support for account processing)
Support for tax procedures
- 1.Preparation of trust financial statements
- 2.Preparation of beneficiary deeds for trusts
- 3.Various tax returns