Family Trust: UDeclare

Fish do it and so can you…

"You know how salmon spawn, right? From the open oceans, they return to the specific river where they were hatched. Not only adjusting from salt water to fresh water, they have to swim upstream against the current, even up waterfalls or rapids. They stop eating as well. Thus, by the time they reach their destination, after laying their eggs, their energy is spent and they lie down exhausted and die.

The grunion fish has to lay its eggs, otherwise these will not hatch. For this, they risk their lives by leaving the water to bury their eggs in the sand about 5 centimetres down. To do this successfully, they wait for the full moon when there is high tide, come ashore riding the waves and then leave through the receding waters. If they fail to leave before the tide withdraws, they die on the shore."

Incredible! But such acts of selflessness for the sake of children are not unique to fishes and other creatures. We human beings often forego our own comforts for the sake of our children.

Chances are you plan for your children’s future. You set aside money for their education. You take out insurance for their sake. You may have written a will to protect them.

But there is one more caring step you may need to consider to make your estate planning complete and this is to set up a Trust for the benefit of your loved ones.

A trust is an instrument whereby ownership of the assets is entrusted to a trustee for the benefit of beneficiaries.

This is useful when you want to give the benefits of an asset or assets to your loved ones but you do not want them to handle the assets. For example, you would not want to give a sizeable sum to your young child, even if he reaches legal maturity at 18, and run the risk of the money being squandered away.

A trust can be created as a living trust (inter vivos trust) or by a Declaration of Trust – UDeclare.

What Is A Declaration Of Trust (UDeclare)?
Our UDeclare is a Declaration of Trust that is simple, flexible and powerful providing for your loved ones and securing their financial well-being. Under UDeclare, a trust is set up by you as trustee with Rockwills Trustee as your back up trustee. This prevents any delay in allowing your beneficiaries to enjoy the trust assets.

In our UDeclare, you need not transfer the assets yet, until any of the following events that are determined by you occurs:

• Death
• Total Permanent Disability (TPD)
• Critical Illness
• Mental Disability
• Resignation as trustee

You may also include other specific events to enable us to act as trustee.

How To Set Up UDeclare?

What Assets Can Be Used For UDeclare?
Any asset in Malaysia, whether encumbered or not, such as your residential property, unit trust/mutual fund investments, shares of companies, moneys in your bank account(s), can be part of UDeclare.

Benefits Of UDeclare

• Flexibility of UDeclare – during your lifetime, you can be one of the beneficiaries thus receiving income from the trust. So, in any emergencies, you will be able to withdraw your portion in UDec
lare.

• Speedy distribution – just like a living trust, UDeclare prevents delay and provides for fast distribution to your beneficiaries in their time of need or it can be accumulated for a specified period.
• Cost savings – when the Settlor is acting as the trustee, there are no transfers to Rockwills Trustee so you will be able to save on certain fees such as stamp duty, legal fees and the trustee’s annual fee.
• Impartiality – your beneficiaries will also benefit from our independent position as we shall act impartially and fairly to all beneficiaries. This safeguards their individual interests in the trust.
• Protection for your beneficiaries – with the appointment of a Protector as a watchdog and advisor to the trustee, there is clear protection of your beneficiaries’ interest.
• Professional & Experienced – by appointing Rockwills Trustee as your substitute trustee, you ensure that your instructions in the trust are carried out by a professional and experienced trustee.