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Exploring the Pros and Cons of Hiring a Professional Trustee

"Exploring the Pros and Cons of Hiring a Professional Trustee"

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Trusts are gaining popularity in the United Arab Emirates (UAE) as a strategy for safeguarding assets, planning estates, and achieving various objectives. A trust involves a legal setup wherein a trustee holds assets for the benefit of a beneficiary. In the UAE, the significance of professional trustees is rising, as individuals increasingly turn to these third-party entities or individuals to oversee and safeguard their assets, ensuring efficient management and distribution.  
 

This article will explore the advantages and drawbacks of enlisting a professional trustee in the UAE.

 

What Constitutes a Professional Trustee?

A professional trustee can be an individual or an organization offering trustee services to both individuals and corporations. Typically, these trustees possess substantial experience in overseeing trusts, estates, and various assets. They often operate under governmental regulations to uphold service quality and adherence to pertinent laws.
 
Individuals or entities may opt for professional trustees to oversee asset management tasks such as handling trust funds, estate administration, and corporate asset management. The rationale behind selecting professional trustees lies in their adeptness at managing intricate financial affairs and ensuring efficient asset management, thereby safeguarding assets effectively.
 
This blog will discuss the advantages and disadvantages of having a professional trustee in the UAE.
 

Professional trustees in the UAE oversee a variety of trusts, including:

 
1. Living Trusts: These trusts are established during the grantor’s lifetime and can be either revocable or irrevocable. They’re commonly utilized to manage assets for the benefit of both the grantor and their beneficiaries.
 
2. Testamentary Trusts: Created through a will, testamentary trusts become operational after the grantor’s demise. They’re often utilized to cater to the needs of minor beneficiaries or those with special requirements.
 
3. Charitable Trusts: Designed for charitable endeavors, these trusts support various charitable organizations and causes.
 
4. Asset Protection Trusts: These trusts are set up to shield assets from creditors and legal disputes. They can benefit either the grantor or their beneficiaries.
 
 

Pros of Using a Professional Trustee in the UAE

Professional Expertise: Professional trustee companies employ teams of experienced professionals skilled in managing trusts. They are well-versed in handling complex financial issues such as tax planning, investment management, and asset protection.

Objective Decision-Making: Unlike personal trustees, professional trustees do not have emotional ties to the beneficiaries or their assets. This allows them to make decisions based solely on what is best for the trust and its beneficiaries, free from personal relationships or biases. This impartiality helps prevent conflicts of interest and ensures fair management of the trust.

Continuity: Professional trustee companies are established entities with longevity, ensuring the trust is managed effectively even after the death or resignation of individual trustees. This provides stability and consistency in trust administration.

Professional Network: These companies have access to a network of professional advisors, including lawyers and accountants, who offer specialized advice on legal, financial, and tax matters. This is particularly beneficial for trusts with complex structures or international assets.

Risk Management: Professional trustee companies implement robust risk management procedures to protect trust assets. They invest in advanced technology and cybersecurity measures, and maintain insurance coverage to guard against potential losses, ensuring the trust’s assets are well-protected.

Cons of Using a Professional Trustee in the UAE

Cost: Professional trustee companies charge fees for their services, which can be substantial. This can be a significant expense for smaller trusts or those with limited assets.

Lack of Personal Touch: Professional trustee companies are not emotionally invested in the beneficiaries or the assets. As a result, they may not provide the same level of personal attention and care that a family member or friend might offer.

Limited Flexibility: These companies often have standardized processes and procedures that may not suit all trusts. This can limit the flexibility of the trust and make it challenging to tailor the trust to the specific needs of the beneficiaries.

Potential Conflicts of Interest: Professional trustee companies may have relationships with other parties, such as investment managers or custodians, which could create conflicts of interest. It is crucial to ensure that the trustee always acts in the best interests of the trust and its beneficiaries.

Lack of Control: Using a professional trustee means the settlor (the person who establishes the trust) gives up control over the management of the trust. This can be a concern for some settlors who prefer to retain control over their assets.

Ultimately, deciding whether to use a professional trustee depends on the specific needs and circumstances of the trust and its beneficiaries. It is crucial to carefully weigh the pros and cons and consult with legal advisors before making a decision.

You may also read The Importance of Securing a Competent Lawyer in the UAE

Professional Trustee in UAE

If you need a reputable and experienced law firm to act as a professional trustee in the UAE, Dubai Lawyers can assist you. Our team of skilled and knowledgeable lawyers has extensive experience managing trusts of varying sizes and complexities. We are dedicated to providing the highest level of service to our clients. Understanding the importance of preserving and growing your wealth, we work closely with you to ensure your trust is managed effectively and in accordance with your wishes.

With our extensive knowledge of UAE laws and regulations, we can assist you in selecting a professional trustee, drafting the necessary documents, and ensuring compliance with all legal requirements.

Contact us today to learn how we can support your trust management needs.

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