Family walking up a beach

> Experience > Our practices > Private client > Trusts, foundations and stress testing

Trusts, foundations and stress testing lawyers

Finding the right structure to hold your wealth is key. We can help you to identify whether a trust or family foundation is the best option, finding the right location to establish it, and stress-testing it robustly so your assets are protected for the future.

Trusts and foundations are useful ways to hold and protect your wealth, especially when you have family members and assets located in different countries.

We establish trusts and family foundations in more than 100 jurisdictions around the world. We also have expertise in using trusts in relation to Sharia law and other legal regimes that restrict how assets can be disposed of.
 

A personal service

There is no 'one-size-fits-all' approach when it comes to the preservation of wealth. If this is something that you would like to consider, our team of family trust and foundation lawyers will listen carefully to your needs and help identify your options. A trust or foundation might be most suitable if you wish to ensure that while your children can enjoy their inheritance, the assets are not split between the different family branches.

We take into account where and in what form your wealth is held, as well as the citizenship/residence of the settlor/founder, trustees, other power holders, directors, administrators and intended beneficiaries. All of this enables us to provide holistic advice in the interests of preserving the wealth for the benefit of you and your family.

As part of a trusts law firm, our solicitors can advise on restructuring to ensure that your structures continue to reflect your needs and adapt to the world's ever-changing environments. This applies if/when it becomes clear that existing structures no longer suit your goals or when the political situation, treaties, legislation, case law, changing tax regimes or other developments indicate a need for the structure to be reviewed. 

Building robust structures

Stress testing trusts and foundations can help to preserve your family fortune, while being tax efficient, ensuring compliance with ever greater regulation and reducing the risk of future litigation.

Bringing together global expertise with specialist knowledge of political landscapes, trust structuring, wealth planning, succession disputes and governance, our trusts lawyers stress test trusts, foundations and their related corporate structures from the planning stage onward. We aim to prevent or minimise difficulties and resulting exposure, with particular regard to the concerns or vulnerabilities of your family.

By understanding your goals and family values, your trusts lawyer at Withers is able to advise on the best ways to minimise the risk of unfavourable outcomes, such as attacks on the structure by fiscal authorities, government bodies, disappointed heirs and divorcing spouses. 

We aim to simplify and contextualise solutions and help implement unique governance structures, which ensure that your wishes are suitably embedded. We also identify and anticipate existing or potential chinks in the armour of a structure and how best to secure against and minimise unnecessary risks and exposure to potentially costly litigation or damaging political pressure in the future.
 

Disabled trusts

Disabled trusts are created to look after a disabled person in the event that their main carers are no longer able to meet their care needs, which is an area we have extensive experience in advising families on this kind of structure. Our trust solicitors will discuss everything from how the trust will be administered to making it more tax-efficient and how payments from a trust might affect entitlement to state benefits.  

Abolishing the UK non-dom regime – what are your options in the UK and globally?


The decision from the current UK government to abolish the existing regime and promises made by the opposition to do the same has left many of you with questions and uncertainty. What does the future hold and what actions can you take now? 
Non-dom resources

Track record

Italian forced heirship rules

Advising a UK high net worth individual who inherited an estate with worldwide assets settled in trusts and corporate structures in relation to a claim put forward by his siblings on the basis of the Italian forced heirship rules.

Reorganization of trust structures

We advised a long term UK resident European family on the reorganization of their trust structures in light of potentially penal changes to their home tax code. Private trust companies and trusts were converted into limited liability partnerships with the general partner mimicking the control and governance mechanisms previously used in the private trust company.

European family with US connections

We advised our client, a non-domiciled UK resident and his family on a new structure that was required to be efficient from a US and UK perspective and with trusts designed to optimize tax efficiency for his children on the event of his death. Our family team also advised on a multi-jurisdictional post nuptial agreement.

Monaco based family

Our London based private client team work with clients located across Europe, including those jurisdictions where we don't have an office, but a presence and history in advising. We were able to advise this Monaco based family on their global affairs, including their trusts and other asset holding vehicles. The objective was to ensure UK tax efficiency and seamless family succession of core assets and investments.

Structuring trusts for wealthy Argentine family

Represented a wealthy Argentine family to structure trusts for both their personal and business interests. Our planning allowed this family to minimize domestic wealth tax, ensure compliance with US tax regulations, form a voting trust for the family business and facilitate commercial lending transactions.

Venezuelan family's assets

Acted for a Venezuelan family concerned about security and control of the family's assets now and for future generations. This resulted in a comprehensive restructuring of their worldwide assets, including the reorganization of existing trusts and creation of a flexible set of arrangements for the migration of trusts to separate jurisdictions for different beneficiaries.

Greater China client

We assisted our client, based in China, to set up a private trust company structure to hold the shares in a company that was set to be listed in the Hong Kong Stock Exchange. A complex structure was required, to take into consideration various issues including asset protection, tax, disclosure, governance and succession planning.

Multi generational South East Asia family

We were instructed by this family, consisting of several members spanning two generations, in relation to setting up a private trust company structure (PTC). The PTC acts as a trustee of a master trust to hold the family office, family business and family investment entity. The beneficiaries of the master trust were a series of "feeder" trusts established for the benefit of each of the family members and their respective families together with a number of charitable entities. In addition, we advised the family on establishing a sophisticated governance structure, including a family council and family constitution.

A wealthy European family

A European family asked us to create an overarching trust structure to hold their commercial interests in the UK, Greece, Cyprus, Singapore and elsewhere. Resident in Monaco and London, the family needed the structure to operate as an estate plan, enabling wealth to be passed between generations. This was all done in conjunction with a family constitution governing the management of their wealth.

The estate of a leading British retailer

We assisted in the probate and estate administration of a member of the family behind a successful British retail business. The deceased was UK resident ‘non dom’, but with arguable common law domicile, and survived by a spouse, children and grandchildren. He held assets globally, some within a complex web of lifetime trusts, and had made wills in different jurisdictions. We managed the difficult domicile claim, co-ordinated probate applications globally and balanced the dynastic plan for the business.

Greater China client

We assisted our client, based in China, to set up a private trust company structure to hold the shares in a company that was set to be listed in the Hong Kong Stock Exchange. A complex structure was required, to take into consideration various issues including asset protection, tax, disclosure, governance and succession planning.

Multi generational South East Asia family

We were instructed by this family, consisting of several members spanning two generations, in relation to setting up a private trust company structure (PTC). The PTC acts as a trustee of a master trust to hold the family office, family business and family investment entity. The beneficiaries of the master trust were a series of "feeder" trusts established for the benefit of each of the family members and their respective families together with a number of charitable entities. In addition, we advised the family on establishing a sophisticated governance structure, including a family council and family constitution.

A wealthy European family

A European family asked us to create an overarching trust structure to hold their commercial interests in the UK, Greece, Cyprus, Singapore and elsewhere. Resident in Monaco and London, the family needed the structure to operate as an estate plan, enabling wealth to be passed between generations. This was all done in conjunction with a family constitution governing the management of their wealth.

Italian forced heirship rules

Advising a UK high net worth individual who inherited an estate with worldwide assets settled in trusts and corporate structures in relation to a claim put forward by his siblings on the basis of the Italian forced heirship rules.

Reorganization of trust structures

We advised a long term UK resident European family on the reorganization of their trust structures in light of potentially penal changes to their home tax code. Private trust companies and trusts were converted into limited liability partnerships with the general partner mimicking the control and governance mechanisms previously used in the private trust company.

European family with US connections

We advised our client, a non-domiciled UK resident and his family on a new structure that was required to be efficient from a US and UK perspective and with trusts designed to optimize tax efficiency for his children on the event of his death. Our family team also advised on a multi-jurisdictional post nuptial agreement.

Monaco based family

Our London based private client team work with clients located across Europe, including those jurisdictions where we don't have an office, but a presence and history in advising. We were able to advise this Monaco based family on their global affairs, including their trusts and other asset holding vehicles. The objective was to ensure UK tax efficiency and seamless family succession of core assets and investments.

A wealthy European family

A European family asked us to create an overarching trust structure to hold their commercial interests in the UK, Greece, Cyprus, Singapore and elsewhere. Resident in Monaco and London, the family needed the structure to operate as an estate plan, enabling wealth to be passed between generations. This was all done in conjunction with a family constitution governing the management of their wealth.

The estate of a leading British retailer

We assisted in the probate and estate administration of a member of the family behind a successful British retail business. The deceased was UK resident ‘non dom’, but with arguable common law domicile, and survived by a spouse, children and grandchildren. He held assets globally, some within a complex web of lifetime trusts, and had made wills in different jurisdictions. We managed the difficult domicile claim, co-ordinated probate applications globally and balanced the dynastic plan for the business.

European family with US connections

We advised our client, a non-domiciled UK resident and his family on a new structure that was required to be efficient from a US and UK perspective and with trusts designed to optimize tax efficiency for his children on the event of his death. Our family team also advised on a multi-jurisdictional post nuptial agreement.

Structuring trusts for wealthy Argentine family

Represented a wealthy Argentine family to structure trusts for both their personal and business interests. Our planning allowed this family to minimize domestic wealth tax, ensure compliance with US tax regulations, form a voting trust for the family business and facilitate commercial lending transactions.

Structuring trusts for wealthy Argentine family

Represented a wealthy Argentine family to structure trusts for both their personal and business interests. Our planning allowed this family to minimize domestic wealth tax, ensure compliance with US tax regulations, form a voting trust for the family business and facilitate commercial lending transactions.

Venezuelan family's assets

Acted for a Venezuelan family concerned about security and control of the family's assets now and for future generations. This resulted in a comprehensive restructuring of their worldwide assets, including the reorganization of existing trusts and creation of a flexible set of arrangements for the migration of trusts to separate jurisdictions for different beneficiaries.

Our team

Paul Hewitt

Paul Hewitt

Partner | London

Paul Hewitt

Partner | London

Trust, estate and inheritance disputes

Alessia Paoletto

Alessia Paoletto

Partner | London

Alessia Paoletto

Partner | London

Private client and tax

Bertie Hoskyns-Abrahall

Bertie Hoskyns-Abrahall

Partner | London

Ceri Vokes

Ceri Vokes

Partner | London

Ceri Vokes

Partner | London

Private client and tax

Claire Harris

Claire Harris

Partner | London

Claire Harris

Partner | London

Private client and tax

Charlie Tee

Charlie Tee

Partner | London

Charlie Tee

Partner | London

Private client and tax

Christopher Groves

Christopher Groves

Partner | London

Christopher Groves

Partner | London

Private client and tax

David A. Stein

David A. Stein

Partner | San Francisco

David A. Stein

Partner | San Francisco

Private client and tax

Insight

Join the club

We have lots more news and information that you'll find informative and useful. Let us know what you're interested in and we'll keep you up to date on the issues that matter to you.

Sign up here

Typical clients and industries include

Family of three generations having picnic in a park

Families and family offices

Families call on us when they want a firm that understands their needs – whether they are looking to pass down wealth, set up and run a family office, or make their mark through philanthropy. Find Out More
Successful woman looking out of a car window

High net worth individuals

With complex interests that often span several jurisdictions, highly successful people need seamless advice. With a full-service offering across our offices around the world, we provide just that. Find Out More
Groups of people having conversations in an office

Trustees, executors and fiduciaries

Even the most experienced advisors will need legal support on complex matters such as cross-border tax queries or third-party claims. We can help you meet your obligations with confidence. Find Out More

How else can we help?


We offer a full range of services to individuals and businesses.  Find out how we can help you solve challenges and maximize opportunities.

Find out more

Get in touch

Our website will give you a flavour of the advice we provide - if you would like to talk to us for more information, please contact our client services team who will be happy to assist.

Get in touch