Why You May Need an Offshore Asset ProtectionTrust

There are many misconceptions concerning offshore asset protection methods. Some people might believe offshore trusts are only for high net-worth individuals or celebrities. Others may think they are used to conceal assets or carry out illegal activity due to the way they are portrayed on TV or in the movies. As thrilling as these depictions are, none of them are accurate. In fact, you may be surprised to learn that offshore trusts have various uses, regardless of your level of wealth. Not only are offshore trusts a legitimate way to protect your assets, but they can also serve as an essential estate planning tool.

What is an Offshore Trust?

An offshore asset protection trust is a trust established in a different country, outside of U.S. jurisdiction. Specifically, the purpose of setting up an offshore trust is to transfer assets into the trust and hold them for your own benefit. Once the assets are placed in the trust, they are under the management of a foreign trustee who has no affiliation with the U.S.

An offshore trust can be created in any foreign jurisdiction, but there are certain countries that are preferred due to their favorable laws and regulations. These countries including Switzerland, the U.S. Virgin Islands, the Bahamas, and the Cook Islands. In these jurisdictions, U.S. judgments are not recognized, and the trust assets are typically beyond the reach of creditors. Notably, the Cook Islands have become an increasingly popular jurisdiction for offshore asset protection due to the jurisdiction’s favorable asset protection statute and well-established trust companies.

What are the Advantages of Having an Offshore Trust?

An offshore asset protection trust is a strategic wealth management tool — and there are numerous advantages to establishing one. These types of trusts can safeguard a wide variety of assets, such as cash, bank deposits, securities, stock options, real estate, art, retirement accounts, and other property. Based upon how it is set up, an offshore trust can allow you to retain access to the assets while shielding them from civil judgments and seizure by creditors.

Depending on your objectives, the benefits of an offshore trust can include:

• Ensuring your assets remain confidential — By placing your assets in the trust, you can help ensure they are private during your lifetime and after your passing.
• Safeguarding your assets from creditors — A creditor would have to file a lawsuit in the foreign jurisdiction to seize any assets in the trust. Most of the offshore trust jurisdictions have short statutes of limitation and high burdens of proof that can potentially bar a creditor from bringing a claim at all.
• Planning your estate efficiently — Offshore trusts can be used as part of a comprehensive estate plan to preserve your assets for future generations.
• Allowing for more investment opportunities — Since offshore trusts do not fall under the jurisdiction of the U.S., they can give you the freedom to make investments in other countries.
• Knowing that your wealth will be safeguarded — An offshore trust can insulate your assets from divorce, civil actions, and commercial claims. It can also shield them in times of economic uncertainty or political turmoil.

When structured properly, an offshore trust serves as a strong vehicle to safeguard your assets and provide a significant level of financial privacy. However, you might also consider utilizing additional structures in connection with the trust for a higher level of financial security. For instance, an offshore trust can be used in connection with an offshore brokerage account or LLC for maximum protection.

Who Needs an Offshore Trust?

Whether you need an offshore asset protection trust can depend upon your specific personal, financial, and business circumstances. If you are a business owner, an offshore trust can offer you more investment opportunities that might otherwise be unavailable. It can also provide you with another layer of protection from creditors and entities that would seek to go after your assets to satisfy a judgment or liability.

Additionally, individuals in high-risk professions can benefit significantly from having the peace of mind an offshore trust can offer. For example, doctors, lawyers, architects, and accountants can set up these types of trusts knowing that if they should ever face a malpractice lawsuit, the plaintiff would need to commence litigation in that particular jurisdiction. Since participating in a lawsuit in a different country would be costly and inconvenient for a potential plaintiff, an offshore trust can effectively serve as a deterrent.

Our Knowledgeable Offshore Trust Attorneys Are Eager to Help

If you are considering setting up an offshore trust, it is crucial to have a knowledgeable and experienced attorney to help you navigate the process. Our firm is committed to providing strategic advice and skillful representation to clients in California who wish to set up offshore asset protection trusts in foreign jurisdictions. We welcome you to contact or call us to learn more about our legal services.