First Citizens Settlement Trust

First Citizens Settlement Trust
Our goal is to offer an estate planning service that addresses the specific needs of our clients, providing them with personalized solutions and expert advice. We are dedicated to ensuring our customers have the confidence that their loved ones will be financially cared for after they are gone.
We offer two types of Settlement Trust:
1) Insurance Settlement Trust – this allows clients to maintain control over their assets during their lifetime and also decide how it should be distributed after they pass away. The Trust invests the client’s lump sum to generate returns, which are used to cover life insurance premiums and other costs. This life insurance policy is included in the Trust to further protect beneficiaries. The Trust is revocable and allows clients to make changes or terminate it however penalties* may apply for early termination.
* penalties will vary and are dependent on the composition of assets held in the trust account
2) Business Succession Settlement Trust – this allows us to appoint a successor in line with the business owner’s wishes to ensure seamless management of the business after their passing. The Trust enforces the owner’s instructions and therefore helps maintain control of the business, reduces potential conflicts and provides access to expert advice for managing various assets. This ensures that after the business owner has passed, the business remains in capable hands and continues to support future generations.
Frequently Asked Questions (FAQs)
FAQs
What is a Settlement Trust Account?
A Settlement Trust Account is an account that is managed by a trustee for the benefit of a third party. It is created to manage, protect and distribute assets according to the grantor’s desires. It is a great way to protect and preserve your assets.
When should you consider setting up a Settlement Trust?
You should consider setting up a Settlement Trust when you want to safeguard assets for future generations, protect your assets, or ensure controlled distribution of wealth according to your wishes.
What are the benefits of setting up a Settlement Trust Account?
A Settlement Trust can help you achieve the following:
- Effective Estate Planning – A settlement trust eliminates the lengthy process of a probate allowing the orderly transfer of assets to beneficiaries
- Asset Management – A settlement trust account provides professional management of assets which is useful if your beneficiaries are minors, financially inexperienced or unable to manage assets themselves due to special needs
- Asset Protection – A settlement trust safeguards your wealth for future generations. It can protect your assets from creditors, lawsuits and claims in divorce proceedings
- Charitable Giving – You can set up a settlement trust to benefit charitable organizations.
- Privacy – A settlement trust remains private and protects the details about the distribution of your assets unlike a Will that becomes a public record when probated
- Business Continuity – A settlement trust can aid in the successful transition for business continuity in the event the business owner dies or becomes incapacitated. It can help to preserve and sustain your legacy for generations
How do I get started to set up a Settlement Trust?
You can start by setting up an appointment with us by clicking here
What documents do I need?
You will need to have the following:
- One form of valid identification e.g. National Identification Card, Drivers Permit or Birth Certificate
- Proof of address not older than 3 months in your name e.g. utility bill, bank statement
- Proof of legal ownership of the assets to be held in the trust such as:
- Property – Deed of Title
- Equity – Share certificate / statement
- Company – Certificate of Incorporation / Continuance, Articles of Incorporation / Continuance, share register
- Vehicle – Certified copy
What assets can I place in my Settlement Trust?
A vast variety of assets can be placed into a Settlement Trust Account such as:
- Real Estate
- Cash and Bank Accounts
- Shares
- Bonds
- Jewelry
- Vehicles
- Mutual Funds/Certificates of Deposit
- Insurance Policies
Can I transfer assets in and out of the Trust after it has been set up?
If you establish a Revocable Settlement Trust, you can access and use your assets as well as modify, add or remove assets from the Trust at any time.
What is the difference between a Revocable Settlement Trust and an Irrevocable Settlement Trust?
With a Revocable Settlement Trust you would retain control of your assets and would be allowed to make changes or revoke the Trust at any time during your lifetime. It is ideal for persons who would like flexibility and control over their assets. However, an Irrevocable Settlement Trust means that the Trust cannot be altered, amended or revoked without the consent of the beneficiaries. It is ideal for persons who want to protect their assets from creditors.
How secure are the assets I place in the Trust?
First Citizens Trustee Services (FCTS) is backed by the strength of First Citizens, a regional financial services group with a strong foundation built on decades of expertise and experience. FCTS is the one of a small number of local Corporate Trustees which boasts such a diverse range of skills and expertise amongst the key personnel dedicated to serving our clients. We do possess the skills and competencies required to effectively manage your trust assets.
Are there any associated costs in setting up and maintaining the Settlement Trust?
Yes, fees would be paid to the competent service providers who would be responsible for the proficient management of the Trust.
These can include Trustee Fees, Investment Management Fees, Establishment Fees and Legal Fees.
Would I still need a Will if I have a Settlement Trust?
Yes, a Will and a Settlement Trust are completely different estate planning tools and it is advisable to have a Will even though you have a Settlement Trust.
How is a Will or the probate process different from a Settlement Trust?
A Will and a Settlement Trust are both estate planning tools. However, they both function differently. A Will is a simple legal document that gives details of the distribution of your assets to beneficiaries after death. A Settlement Trust on the other hand, allows for private, efficient asset management and distribution without probate.
Who can I choose as my beneficiaries?
You can generally choose a wide range of individuals or entities as beneficiaries for your Trust.
- Family members: immediate family, extended family and special needs individuals
- Friends or Business Partners: You can select close friends, people you have a personal connection with or business partners
- Charitable organizations: if charitable giving is important to you then you can consider naming a charity as a beneficiary. This can also aid with tax benefits
- Institutions (e.g. Universities, Foundations): you may wish to leave funds to educational institutions, scholarship funds, or foundations.
How can beneficiaries access the Trust upon my death?
As your Trustee, FCTS would be guided by your instructions contained in the Statement of Wishes (the document which details the management and distribution of your assets). It is the Trustee’s responsibility to honour your wishes without influence from the beneficiaries.
What should my beneficiaries do upon my demise?
Your beneficiary should contact FCTS via FCSettlementTrust@firstcitizenstt.com to inform us of your demise and inquire about the next steps for settling the Trust.
Can I change the terms of my Trust?
Yes, you can make changes to your Settlement Trust by amending your Statement of Wishes (the document which details the management and distribution of your assets). Following the establishment of your Trust, FCTS would meet with you periodically to confirm the details of your Trust and make changes as you may deem necessary.
Why should First Citizens Trustee Services be my Trustee?
As a Corporate Trustee, we can offer professionalism and longevity in the management of your Trust assets. Our team of Trust professionals possesses all the relevant expertise, allowing us to always take a holistic approach to dealing with complex matters affecting the administration and management of the Trusts under our purview.