Managing your assets and protecting your property

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While a Will is a good method of estate planning, a more effective method is to create a trust alongside a Will. Trusts are becoming an increasingly popular way of managing assets and protecting property. Private trusts are especially beneficial in planning one’s estate as it makes provisions for individuals as beneficiaries. A trust is a relationship that arises when one person (the Settlor), transfers property to another person (the Trustee) to hold that property for the benefit of himself or others (the Beneficiaries).  The legal instrument used for creating a trust is the Trust Deed.

Although a Will may successfully transfer assets to other people it does not come into effect till the maker of the Will dies. Where a person desires to transfer a part of his estate during his lifetime, a trust would be a good way to achieve this. A trust may come into effect before death, at death or afterwards depending on the terms of the trust.

A common objective of Will creators may be to leave property for successive generations; unfortunately the reality of this is different as there is no guarantee that the gifted assets would survive the next generation. By contrast, the life of a trust is dependent on the terms of the trust and in some jurisdictions may transcend a hundred years. A trust would usually have more than one set of beneficiaries, each set being a different generation.A trust can hold property, bank accounts, and other types of assets; a direct result of this is that the trust will not only have longevity but it will operate in the same manner as the settlor would have even after several generations. A trust is a guaranteed means of building wealth for future generations.

A person whose estate is being planned may wish to enjoy some benefits from his estate while he is still alive. Where this is the objective a living trust may be created. A trustee is obligated to invest the assets in a trust. The Settlor, according to the terms of the trust may enjoy the wealth created by the trust assets during his life time.

Beneficiaries of a trust need not go through probate which is a tedious and long process. The assets in a trust may be accessed immediately the trust becomes active. This is in contrast to Wills which must go through probate. The details of a private trust are confidential

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When do I write my Will? Learn how

There is no set or appropriate time to make a Will. Creating one has nothing to do with age (although most countries have put into place age restrictions on the making of Wills), wealth or state of health. Seemingly insignificant assets can be protected by Wills, trust or any other means of estate planning.

A Will is an instrument by which a person makes provision for the disposition of his property after his death. The loss of a loved one is a hard ordeal for most and the last thing anyone would want to do at that point is to engage in conflict over an estate. It is an effective means of minimising conflict and protecting one’s loved ones from dealing with bureaucracy at a time of sadness. A valid Will specifies how each property of the demised should be distributed and the testator’s wishes are often followed precisely.

As death is inevitable and in most cases unpredictable, it is necessary that anyone who owns assets make a Will. However, some life changing events make this even more necessary. Getting married, getting divorced and having kids are significant changes to one’s personal relationships. Writing one would reflect one’s intentions for these persons after death.

Some other events that make the writing or changing of an existing Will important are when a person acquires new assets, when a person has started a new business or when a previous Will is simply out of date.

A man who dies without a Will has lawyers as his heirs. The process of obtaining letters of administration is a tiresome one and requires the services of lawyers. These lawyers would need to be paid and these payments would be made out of the estate of the deceased person. Leaving it minimises costs and ensures that the bulk of one’s estate goes to one’s beneficiaries.

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Ensuring life does not throw us unpleasant surprises

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Ever been in a situation that seemed entirely impossible until it happened? I think most people have because life has a knack for being unpredictable. They say hindsight is 20/20; unfortunately hindsight or regret provides no opportunities to remedy decisions wrongfully made in the past. While we may not be able to accurately predict the future or change the past to favour the present we can put plans in place to ensure that life does not throw us unpleasant surprises and that we have little or no regrets if these surprises come our way. One way to achieve this is through estate planning, more specifically through writing a Will and creating a trust.

The thought of planning one’s estate is usually a scary one as it makes people painfully aware of their mortality.Whatever misgivings one may have, it is more practical than it is scary to plan one’s estate in detail than to leave one’s affairs to eventualities. Estate planning in reality has little to do with impending death and more to do with protecting one’s interest.

Estate planning is the process of preparing for the transfer of a person’s wealth and assets after his or her death or in the event of mental incapacity.  This can be done at any time during one’s lifetime. One’s estate is comprised of everything one owns; this may include their home, other real estate, bank accounts, insurance, etc. Estate planning is not a process reserved for the affluent. Almost everyone owns an estate.The process of estate planning can be a complicated one, so it is best to consult an Estate Advisor, a lawyer and financial adviser when drawing up your estate plan and preparing for unpleasant surprises.

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Why You Should Plan For Tomorrow Today

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Imagine this…

Chijioke was very successful and had a nice family. Sadly, he passed on in a car accident. Chijioke died intestate (without a Will) leaving behind his wife and four kids.

Since he did not have a Will, his estate was taken over by his greedy siblings and relatives who never knew how hard Chijioke and his wife had worked to live a comfortable life, thereby leaving his wife and children in penury. The other assets not taken over by the relatives were taken by creditors and the Banks from which Chijoke had borrowed some money to expand his import business.

All this happened because he never planned for such uncertainties, like many of us. Being a young man, he just did not think it was the right time to make arrangements for the unseen future, so he did not plan for tomorrow.

This is not another Superstory. This story has become a classic and plays out day after day.

ARM Trustees is already assisting you to think and plan for tomorrow in advance by offering you its Retirement Savings Account (RSA) Will services. An “RSA” is an important component of any employee’s assets and an “RSA Will” describes how you would like the funds in your Retirement Savings Account to be distributed upon your demise.

As your trusted partner, we urge you to put the necessary Will in place today, clearly outlining the beneficiaries of your retirement benefits and other assets to ensure that your assets are distributed according to your wishes.

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