Here we look at two examples of ‘real life’ situations which illustrate the true value of the Cornhill International Wealth Builder Account.
Forced Heirship is a set of rules that
govern how a deceased’s estate is to be distributed after he or she has passed
away. Forced heirship exists in most civil law jurisdictions and in Muslim
countries which follow Sharia Law. It is prevalent in Europe (Germany, France,
Italy and Spain), Russia, China, Japan, Latin America (Brazil, Argentina,
Chile) and even parts of the USA.
Typically the rules of Forced Heirship will not only guarantee a portion of the estate to a defined list of relatives, but also set out the order and the proportions that the heirs are to inherit. In Thailand for example, the spouse of the deceased is number seven on the list of statutory heirs.
When a Client or Settlor moves their assets into the Cornhill International Wealth Builder Account the Trustee becomes the legal owner of those assets.
At the time of the Settlor’s death the assets are controlled by the Trustee and are not in the Settlor’s name therefore they do not legally form part of his or her estate. Because the assets are not part of the estate, the rules of Forced Heirship do not apply. The assets are free to be distributed by the Trustee according to the Settlor’s wishes.
A real-life example is Michael Simms, a 49-year-old ex-pat living in Asia who is married to a local woman, Mae-Lyng. He has no close family in the UK, and no children, and wants to leave all his assets to his wife when he passes away. But under the laws of the country Michael lives in, Mae-Lyng could end up with nothing because the laws of that country dictate explicitly how the assets of Michael’s estate are to be divided up. Unfortunately for Mae-Lyng she is at the bottom of a long list of people the law says have more right to her husband’s assets than she does. Naturally, Michael wants to ensure that Mae-Lyng is provided for when he is gone, so he turns to Cornhill. By moving all of his assets into the Cornhill International Wealth Builder Account and appointing a Trustee, Michael effectively signs over ownership of his assets to the Trust. Because the Trust now owns the assets and the assets do not form part of Michael’s estate, they are no longer subject to the laws of forced heirship. Instead, the Trustee is free to distribute the assets according to Michael’s specific instructions which see Mae-Lyng, and only Mae-Lyng, inherit his assets.
Probate is the name given to the process a court works through when concluding a deceased’s legal and financial matters following their death. Essentially probate involves validating a will (if there is one) then distributing the estate among heirs. It sounds simple but there are three main problems with probate.
The setting up of a Trust allows the heirs or Beneficiaries of the Trust to effectively bypass the probate process. Skipping probate can save your family time, money and protect their privacy at a delicate juncture.
A real-life example is 52-year-old William Traynor. William’s widower father has just passed away and he and his two brothers are expecting to receive an equal share of the estate according to the father’s will. But as the probate process begins, a distant relative of William’s father contests the will, claiming William’s father promised him a share of his estate when he passed way. As lawyers for both parties become involved, the process drags on and legal fees begin to mount for William and his three brothers, all of whom would like to use their inheritance to help finance various business and property projects. After a year of waiting, stress and growing legal expenses, the matter is finally resolved in court. The three brothers eventually receive their inheritance, but the cost of the legal fees to contest the will has been higher than they could have imagined, they’ve missed the opportunity to use the money in the way they had originally planned and all of them are distressed that the year since the passing of their father has been spent in protracted legal proceedings. William is not prepared to put his own children through the same experience so sensibly decides to set up a Trust with Cornhill. Through the Cornhill International Wealth Builder Account, William signs over control of his assets to the Trustee, thus removing them from his estate and placing them outside of the probate process. His assets will now be distributed exactly as per his wishes with no chance of contest. He has protected his assets and his children. William now sleeps soundly at night, knowing that when he is gone, his loved ones will not have to go through what he and his brothers went through.
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