Trust

Case Types and Services

The solutions we handle

The Firm supports the client at every stage of the establishment and management of the trust, with a tailored analysis of the most suitable structure.

What a trust is

A trust is a legal relationship in which the settlor transfers ownership of certain assets to the trustee, who assumes their administration in the interest of the beneficiaries or for the fulfilment of a predetermined purpose. The transfer produces a segregative effect: the assets enter an autonomous estate, distinct from the trustee's personal estate, and cannot be attacked by the trustee's personal creditors nor merged with their succession. The trust deed defines the purpose, the beneficiaries, the powers and duties of the trustee, the duration, as well as the possible figure of the protector, called upon to oversee the trustee's conduct. The applicable law is the one chosen by the settlor among the jurisdictions that regulate the matter, in accordance with the Hague Convention of 1985.

Asset protection

The trust is one of the most effective instruments for protecting assets from personal and professional risks. The segregation effect makes it possible to isolate specific assets — real estate, corporate shareholdings, financial instruments, liquidity — from possible business exposures, judicial disputes, professional liabilities or unforeseen family events. The protection has no evasive purpose — a trust cannot be used to remove assets from the claims of existing creditors, being subject to clawback action — but takes the form of preventive and transparent planning, aimed at preserving family or professional wealth in the medium-to-long term.

Generational transfer planning

A trust makes it possible to organise the transfer of assets to future generations with a flexibility that ordinary succession does not always offer. The settlor may establish how, when and on what conditions the beneficiaries will access the assets or their proceeds, providing for example destination constraints, time milestones tied to events (reaching a certain age, obtaining a degree), or substitution clauses among beneficiaries. The instrument is particularly useful in family-owned business contexts, where it allows the unitary nature of the enterprise to be preserved by avoiding the fragmentation of shareholdings and ensuring continuity of management consistent with the founder's wishes.

Protection of vulnerable individuals

The trust is an instrument of choice for the protection of vulnerable individuals — minors, persons with disabilities, dependent elderly people, family members with personal or financial fragility. It allows assets to be earmarked for their maintenance, care and well-being, ensuring that resources are actually devoted to the purpose and managed with continuity even after the settlor's death. In particular, the "dopo di noi" trust, governed by Law 112/2016, is a specific arrangement aimed at guaranteeing the care and quality of life of persons with severe disabilities, with significant tax benefits for both the settlor and the trust itself.

Stages of establishment

Establishing a trust requires a structured process. The preliminary stage involves an in-depth analysis of the client's objectives, the assets to be contributed and the persons involved, in order to identify the most suitable structure and the governing law to be applied. This is followed by the choice of trustee — natural person or trust company — based on requirements of professionalism, independence and reliability, together with the possible appointment of a protector. The drafting of the trust deed then follows, regulating in detail purpose, beneficiaries, powers, obligations and duration. The notarial and tax formalities include the public deed for the transfer of real estate, the registration of the deed and the tax treatment of the transfer, which varies depending on the type of trust and the beneficiaries identified.

Ongoing support

Once established, a trust requires orderly management in compliance with the provisions of the deed and the governing law. The Firm offers continuous assistance to the trustee in the management of the assets, the keeping of separate accounts, the fulfilment of periodic tax obligations and the preparation of reports. We also handle relations with the beneficiaries — communications, distributions, requests — and with the protector, intervening in the event of changes to the structure, replacement of the trustee, or disputes. This ongoing support ensures that the trust maintains over time its effectiveness and consistency with the settlor's original objectives.