• Ring fencing/safeguarding of family wealth from unscrupulous claims

Due to the rise in Marital disputes and unscrupulous claims by other members of the family/extended family, I am interested in Ring Fencing of the Family Wealth by creating a Private Family Trust/ HUF or any other legal means. Please advise the best possible instrument to Ring Fence the Family Wealth viz. Im-movable property/ Gold Jewellery/ Cash Wealth etc.

I have One Un married son and One married Daughter and want a smooth succession of the Family wealth to them. Please advise.

Also Please suggest Good Legal Firms and Lawyers who can assist in this tasks. Please inform their Contact details also
Asked 1 year ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

Ring-fencing may involve transferring a portion of assets from one high-tax jurisdiction to another with lower or no taxes or less onerous regulations. In other cases, it may be used to keep the money in reserve for a specific purpose. It also may be done to make the money unavailable for another purpose.

Instead you can create a private trust.

A Trust is a legal arrangement through which the owner of the asset transfers the property to the Trust for the benefit of one or more beneficiaries. The trustee holds the property in representative capacity on behalf of the beneficiaries and not for his personal benefit.

A family trust can offer a robust layer of protection for your assets. Still, it's crucial to understand the nuances and conditions under which this protection operates.

Family Protection Trusts are often recommended to individuals and families who want to protect their assets from potential future creditors. They are designed to protect the family home from certain creditors, such as care home costs and inheritance tax liability.

T Kalaiselvan
Advocate, Vellore
89982 Answers
2492 Consultations

A family arrangement deed can be made and registered 

However the best option would be to do lifetime transfers of the properties 

If that is not possible or raises a sense of insecurity for the owner then the 1st option above can certainly be explored 

In the family arrangement deed the family members would mutually decide the distribution of the assets after the demise of the owner 

Such family arrangements if not viitated by fraud,  undue influence etc have also been recognized by the Supreme Court 

You may contact me if you wish. My email is given in my profile. 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You can create private trust  in favour  of your son and daughter 

 

engage any lawyer for drafting trust deed 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

There is no fool proof way to avoid legal complications if any legal dispute arises , rightly or wrongly.

However f any asset is belonging to you then can give those to your heirs during your lifetime by way of deed of gift or by Will which takes effect after the death of the maker. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Client,

To ring-fence your family wealth and ensure smooth succession to your unmarried son and married daughter, you have several legal options, each with its own advantages, such as creating a private trust where you can transfer assets like immovable property, gold jewelry, and cash wealth into the trust. The trust will hold and manage these assets for the benefit of your children. As the settlor, you can appoint trustees (including yourself) to manage the trust assets. You can specify conditions on how and when the assets should be distributed to the beneficiaries. Second is will, A Will is a legal document that specifies how your assets should be distributed after your death. It ensures that your wealth is passed on according to your wishes. You maintain full control over your assets during your lifetime. The Will only takes effect after your death. A Will can specify the distribution of assets, but it does not provide protection against claims during your lifetime, such as those from creditors or family disputes.

You can combine a Private Family Trust with a Will. The trust can manage and protect the assets during your lifetime, while the Will can address any assets not covered by the trust. This provides the dual benefit of control and protection during your lifetime, with clear instructions for distribution after your death. Given your goal to protect family wealth from disputes and ensure smooth succession, creating a Private Family Trust appears to be the most robust option, potentially combined with a Will to cover any other assets. Consult a lawyer to help you carry out these legal procedures. Should you require any further clarification please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- You can registered a family settlement deed , however the perfect way to execute a registered gift deed during your life time. 

- You can engage a local lawyer or from this website for the said work. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer