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Top 10 Family Office and Offshore Trust Developments 2024

Top 10 Family Office and Offshore Trust Developments in the World 2024

top10 fo ota 2024 1

Family offices and offshore trusts saw significant advancements in 2024, shaping how high-net-worth individuals manage their wealth. From innovative legislative reforms to strategic financial incentives, 2024 positioned several countries, including Malaysia, as critical players in this evolving landscape. Below are the top 10 Family office & Offshore trust events ranked by importance (1 to 5), with 5 being the most impactful.


1. Malaysia’s Family Office Initiatives in Forest City (October 2024)

Rating: ⭐⭐⭐⭐⭐ (5/5)
Malaysia introduced a 0% tax rate for family offices in Forest City’s Special Financial Zone (SFZ), aiming to attract global high-net-worth individuals and cement its position as a wealth management hub in Asia.
Read Full Article


2. UK’s Autumn Budget and Offshore Trusts (December 2024)

Rating: ⭐⭐⭐⭐⭐ (5/5)
The UK announced sweeping changes to offshore trust taxation, starting April 2025, including tighter inheritance tax (IHT) rules, drastically reshaping estate planning for UK residents.
Read Full Article


3. Hong Kong’s Crypto Tax Exemptions (November 2024)

Rating: ⭐⭐⭐⭐⭐ (5/5)
Hong Kong proposed tax breaks for family offices investing in cryptocurrencies, enhancing its position as a leading offshore financial hub.
Read Full Article


4. Cayman Islands Abolish Rule Against Perpetuities (August 2024)

Rating: ⭐⭐⭐⭐ (4/5)
The Cayman Islands removed trust duration limits, allowing indefinite trusts to enhance global succession planning opportunities.
Read Full Article


5. Singapore Tightens Family Office AML Regulations (December 2024)

Rating: ⭐⭐⭐⭐ (4/5)
Singapore introduced stricter anti-money laundering (AML) compliance rules for family offices, requiring annual reporting and adherence to robust due diligence practices.
Read Full Article


6. Scotland’s Legislation on Private Purpose Trusts (Jan 2024)

Rating: ⭐⭐⭐ (3/5)
The Trusts and Succession (Scotland) Act 2024 introduced private purpose trusts (PPTs), offering new structuring opportunities but raising concerns about misuse.
Read Full Article


7. Abolition of the Non-Dom Tax Regime (December 2024)

Rating: ⭐⭐⭐ (3/5)
The UK abolished its non-dom tax regime, introducing stricter rules for offshore trusts effective April 2025.
Read Full Article


8. Global Trends in Family Offices (January 2024)

Rating: ⭐⭐⭐ (3/5)
Family offices globally embraced resilience and diversification strategies to navigate market uncertainties.
Read Full Article


9.DBS Launches Multi-Family Office VCC Service (July 2024)

Rating: ⭐⭐ (2/5)

DBS Private Bank introduced a service for ultra-wealthy families using the Variable Capital Companies (VCC) framework in Singapore, simplifying asset management.

Read Full Article


10. Trust Law Developments in Offshore Jurisdictions (December 2024)

Rating: ⭐⭐ (2/5)
Updates in Guernsey, Jersey, and other jurisdictions enhanced trust governance but were less groundbreaking compared to other events.
Read Full Article

Conclusion: Looking Ahead to 2025

As 2024 concludes, Malaysia has solidified its position as a global leader in family office development. With groundbreaking initiatives in Forest City and a supportive regulatory environment, the country is set for even greater achievements in 2025. Stay tuned for more updates from FIAM, including the ‘Top 10 Family Office & Offshore Trust Development Forecast for 2025,’ in the ever-evolving world of family offices and offshore trusts!

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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Family Office in Malaysia

Family Office : 3 Reasons Malaysians Need to Know This Now

Family Office in Malaysia: Discover 3 Powerful Reasons Malaysians Must Know Now

Family Office in Malaysia

The family office sector has grown rapidly, collectively managing around $5.9 trillion in assets in 2023. Especially in the Asia-Pacific region, with a 44% increase between 2017 and 2019, it highlights its appeal among the wealthy. In Malaysia, this is a new industry as we don’t have a regulatory framework in place. The unity government in 2023 is the first to put concrete efforts into concentrating on this globally growing industry. Here are the reasons why we must know about the family office in Malaysia now:

1) Focus of the Malaysian Government

On September 20, 2024, the Malaysian government, under the leadership of Prime Minister Anwar Ibrahim, announced through Finance Minister II, Datuk Seri Amir Hamzah Azizan, a new Family Office incentive scheme within the newly developed Forest City Special Financial Zone. This initiative aims to attract both regional and international family offices by offering substantial tax incentives. The scheme includes a 0% tax rate for Single Family Office Vehicles (SFOV1) for a duration of 20 years under specific conditions related to asset management, local investment, and operational expenditure. This strategy seeks to draw significant foreign and domestic investments and establish Malaysia as a premier destination for global financial services and wealth management.

Key benefits include:

  • Zero Percent Tax Rate: A 20-year tax exemption on income from eligible investments.
  • Strategic Location: Offices must be established in the Forest City SFZ, benefiting from its infrastructure.
  • Asset Management Requirements: A minimum of RM30 million in managed assets.
  • Local Investment Incentives: At least 10% of AUM or RM10 million must be invested locally.
  • Operational Expenditure Requirements: A minimum annual operational spending of RM500,000 in Malaysia.

 For a detailed guide on the incentive scheme and eligibility criteria, visit the Securities Commission Malaysia’s announcement.

All these developments raise an important question: Is there enough talent to manage all this wealth, both present and incoming, and is the Malaysian market ready to handle it? For now, the answer is no.

However, if you are looking for an international family office, we have good news for you. One of Asia’s top family offices has just set up their office in Malaysia. You can find out more by making an appointment with their consultant now

2) Family Office Opportunity Cost

Eduardo Saverin, a co-founder of Facebook, utilised a family office to manage his assets after relocating to Singapore, which according to the New York Post, saved him approximately $288 million in taxes. This strategic financial management exemplifies the substantial benefits that can be realised through the effective use of family offices, not just in tax savings but also in broader wealth preservation and growth strategies.

Kuok Meng Xiong leads K3 Ventures, an investment firm linked to his family office in Singapore. He is the grandson of Robert Kuok, Malaysia’s richest man. K3 Ventures has made strategic investments in major tech companies like ByteDance (parent of TikTok) and Grab, Southeast Asia’s first decacorn valued over $10 billion. This highlights the innovative role family offices play in tech investments and growth strategies. Malaysia misses out on such opportunities due to the lack of a robust family office sector and dedicated regulatory framework for family office in Malaysia. For more details, refer to the original article on The Ken: The Tech-First Future of SE Asia’s Family Offices.

Another example is Joseph Tsai Co-Founder of Alibaba Group, Tsai’s family office purchased the Brooklyn Nets of the NBA for $3.5 billion in 2019. By 2024, the value of the investment has increased to $3.85 billion. This represents a $350 million increase in just five years, showcasing a successful example of strategic investment management by a family office if you are considering similar strategic financial management, you might find it beneficial to explore how to set up an offshore trust in Malaysia

3) Asia’s Wealth Landscape & Talent Gap

By 2027, there will be roughly 210,000 ultra-high-net-worth-individuals (at least US$30mil or RM141mil worth) in Asia, up by 39.8% from 2022.

Name Net Worth (2023) Description Country Industry Family Office Name Major Investments Philanthropic Activities Year Established Education Awards/Recognitions
Sergey Brin $94.5 billion Co-Founder of Google Singapore Technology Brin Family Office Real estate, technology startups Brin Wojcicki Foundation 2005 Stanford University Marconi Prize, National Medal of Technology
Mukesh Ambani $93.4 billion Indian billionaire businessman Singapore Energy, Retail Reliance Family Office Oil, telecommunications Reliance Foundation 1981 Institute of Chemical Technology Business Leader of the Year
Liang Xinjun $4.2 billion Chinese billionaire, co-founder of Fosun Group Singapore Investment Fosun Family Office Healthcare, real estate Fosun Foundation 1992 Fudan University Top 10 Chinese Entrepreneurs
Ray Dalio $19.1 billion American hedge fund investor Singapore Finance Dalio Family Office Hedge funds, real estate Dalio Foundation 1975 Harvard Business School Philanthropist of the Year
Jack Ma $23.2 billion Founder of Alibaba Group Hong Kong Technology, E-commerce Lakeside Partners E-commerce, fintech Jack Ma Foundation 1999 Hangzhou Normal University Asia’s Heroes of Philanthropy
Li Ka-shing $34.6 billion Hong Kong business magnate Hong Kong Conglomerate Horizon Ventures Real estate, technology Li Ka Shing Foundation 1950 None Grand Bauhinia Medal
Joseph Tsai $8.1 billion Co-Founder of Alibaba Group Hong Kong Technology, Investment Blue Pool Capital Sports franchises, real estate Tsai Foundation 2012 Yale University Business Person of the Year
James Dyson $23.0 billion Founder of Dyson Singapore Technology, Consumer Goods Weybourne Group Technology, real estate James Dyson Foundation 2013 Royal College of Art Order of Merit, Royal Designer for Industry

Wealthy Individuals Who Set Up Family Offices in Asia

Wealthy Malaysians often park their wealth abroad due to the current talent gap in the country, which affects the growth of the family office in Malaysia industry. Family offices require a unique skill set, blending professional expertise with a personal touch, which is uncommon in other workplaces. KPMG’s report notes that within the family office business in Asia, CEOs earn between SG$158,001 and SG$500,000 (RM1.76 million) per year, excluding bonuses.

FIAM is committed to helping Malaysia fill this talent gap by providing training with the help of international family office experts. Sign up for our newsletter to stay informed about upcoming events related to family office in Malaysia, offshore trust, and inheritance

Understanding Family Offices

A family office is a private wealth management advisory firm that serves ultra-high-net-worth investors. Family offices are distinct from traditional wealth management shops in that they offer a total outsourced solution to managing the financial and investment side of an affluent individual or family.

History: The concept began with the Rockefeller family in the late 19th century, who pioneered this approach to consolidate management of the family’s sprawling empire under a single office.

SFO vs. MFO:

Single Family Office (SFO): Manages the wealth and personal affairs of one family. It offers highly personalized services and confidentiality, with strategies tailored to the specific needs of that family.

Multi-Family Office (MFO): Provides similar services but to multiple families. MFOs can offer cost-sharing benefits and access to a wider range of expertise and investment opportunities, making them suitable for families that may not have the resources to run a standalone office.
Both types of family offices provide customized financial care, but the choice between SFO and MFO depends on the family’s size, costs considerations, and desired exclusivity of services.

Key Features and Options for Setting Up a Family Office in Malaysia before budget 2024

The three primary options for setting up a structure similar to a family office in Malaysia currently are:

1. Private Limited Company (Sdn Bhd):

– Governed by the Companies Act 2016.
– Offers limited liability protection.
– Can be managed by family members or appointed professionals.

2. Trust Company:
– Operates under the Trust Companies Act 1949.
– Manages properties and investments on behalf of the family.
– Treated as separate entities for tax purposes.

3. Labuan Entities (Offshore Jurisdiction):
– Labuan Trusts: No need for registration if a Labuan trust company acts as the trustee. Offers a 3% tax on audited net profits. Learn More
– Labuan Foundations: Separate legal entities holding assets for beneficiaries, exempt from tax on investment income from non-trading activities. Learn More
– Labuan Protected Cell Companies (PCC): Segregates assets and liabilities into different cells, providing flexibility and cost efficiency in managing diverse investments. Learn More

Comparison of family office in Malaysia, Hong Kong, and Singapore

Malaysia currently lags behind Singapore and Hong Kong in establishing family offices primarily due to the lack of a specialized regulatory framework and dedicated tax incentives. To enhance the attractiveness and functionality of family offices in Malaysia, the government needs to address the following key issues:

  • Complex Regulatory Frameworks
  • Shortage of Experienced Professionals
  • Smaller Market Size
  • Currency Risks
Below are details comparison between family office in Malaysia, Hong Kong, and Singapore
Feature Singapore Hong Kong Malaysia
Legal Entities Private Limited Company, Trust, VCC Limited Liability Company, Trust Private Limited Company (Sdn Bhd), Trust, Labuan Entities
Regulatory Environment MAS, ACRA Securities and Futures Commission Companies Commission of Malaysia, Labuan FSA
Tax Incentives Sections 13D, 13O, 13U Tax concessions for investment profits No dedicated tax incentives for family offices
Market Growth Rapid expansion of SFOs; robust framework Target to attract 200 family offices by 2025 Emerging market; initial government initiatives
Preferred Structures Holding company overseeing an investment fund and a family office entity SFO emphasized; Family-owned Investment Holding Vehicles Various options, including traditional and Labuan structures
Licensing Requirements Licensing exemptions for SFOs; others require license License required for regulated activities General business registration, no specific license
Investment Vehicles VCC (Variable Capital Company) Typically structured around legal entities like LLCs Sdn Bhd, Trust, Labuan trusts, foundations, and PCCs
Global Competitiveness Leading hub in Asia due to legal and tax frameworks Competing closely with Singapore for leadership Striving to enhance competitiveness

Conclusion

We must understand and prepare ourselves for family offices before the new regulatory framework announcement in the budget this October. As the saying goes, the early bird catches the worm, and opportunities always favor those who are well-prepared. The future of family office in Malaysia looks bright, whether you’re a wealthy investor or someone looking to work in this growing industry

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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Family Trust Malaysia

Family Trust Malaysia: Protect Your Assets RM8 Million Risk

RM8 Million Risk: Asset Protection with Family Trust Malaysia

Family Trust Malaysia

Imagine this happening to you: a doctor in Malaysia recently faced a staggering RM8 million in damages due to a medical negligence lawsuit. It’s hard to fathom the stress and financial turmoil that such a case could cause. This situation isn’t just a headline—it’s a wake-up call for all of us. Whether you’re a doctor, business owner, or any professional, the reality is that legal risks can strike unexpectedly, potentially putting everything you’ve worked for at risk. But there’s a way to protect yourself and your family’s future: a family trust.

Let’s look at some examples:

  • RM8 Million Medical Negligence Case: A Malaysian doctor was hit with an RM8 million lawsuit, exposing his personal assets to significant risk

  • Director Liability in Malaysia: A recent Federal Court case saw directors facing substantial legal risks related to minority shareholders’ rights, with their personal wealth potentially at stake.
  • Liability in a Patient’s Death: Another doctor faced severe financial consequences after being held liable for a patient’s death, putting his personal assets in jeopardy.

    In each of these cases, the individuals’ personal wealth could have been safeguarded through the establishment of a family trust, ensuring their financial security and protecting their assets from potential legal fallout.

What is a Family Trust?

A family trust is a legal arrangement where your assets are transferred to a trustee, who manages them on behalf of your beneficiaries. This separation of ownership helps protect your wealth from legal claims, creditors, and unforeseen financial challenges, ensuring that your assets are preserved for your family’s future. Learn More about Trust in Malaysia

Why Proper Setup is Crucial

While family trusts provide strong asset protection, they must be set up correctly to be effective. A poorly structured trust could leave your assets vulnerable to legal claims or creditors. Understanding trust assets, ensuring their independence, and complying with legal boundaries are vital steps in safeguarding your wealth.

1. Understanding Trust Assets

What constitutes trust assets?

Trust assets are fundamental to the trust’s structure. They must be legally owned, clearly defined, and properly transferred to the trustee. This ensures that the assets are recognised as trust property and protected under the trust framework. 

2. Ensuring the Independence of Trust Assets

How is the independence of trust assets ensured?

The independence of trust assets is crucial to protecting them from legal claims or debts. Trust assets must remain distinct from both the settlor’s and the trustee’s personal assets, ensuring they cannot be seized to settle any liabilities.

  • Separate from the Settlor’s Assets: Establishing a separate trust account is key to distinguishing personal assets from trust assets, ensuring funds are used solely for the trust’s purposes.

  • Separate from the Trustee’s Assets: Trust assets must also remain distinct from the trustee’s personal assets, protecting them from being used to settle the trustee’s debts.

The independence of trust assets is not just a legal requirement; it is also strictly upheld in judicial practice, forming a solid legal foundation for the trust system.

3. Conditions Under Which Trust Assets May Be Seized

When might trust assets be subject to legal seizure?

The protection of trust assets is not absolute and must operate within legal boundaries. The trust must be legally valid and comply with all legal requirements. If a trust is established in a way that harms creditors, they may have the right to challenge the trust.

Trust assets could also be subject to seizure if they are used to evade debts, highlighting the importance of transparency and legality in trust operations.

Recommendations for High-Net-Worth Individuals in Malaysia

How can HNWIs in Malaysia ensure their family trusts provide robust asset protection?

In a complex legal and economic environment, Malaysian HNWIs must adopt careful strategies to ensure their family trusts remain secure:

  1. Legitimate Trust Purpose: Ensure the trust has a clear, lawful purpose focused on wealth protection and inheritance, rather than evading debts or hiding assets.
  2. Transfer of Control: Substantially transfer control of trust assets to the trustee, ensuring that the trustee is genuinely managing the assets.
  3. Professional Service Team: Engage reputable trust companies, legal experts, and financial advisors to ensure the trust is properly managed and compliant with all legal requirements.

Sign Up here to learn more about Trusts in Malaysia

Conclusion

The RM8 million case is a powerful reminder of the financial risks that professionals & Malaysia business owner face. By setting up a family trust, you can protect your assets from unforeseen legal claims, ensuring your wealth is preserved for future generations.

Looking for something more advanced? If you’re interested in more sophisticated options for asset protection, consider exploring offshore trusts and family office services. These provide additional layers of security and strategic wealth management. Learn more about setting up an offshore trust in Malaysia or why you should consider a family office in Malaysia.

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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Everything about trust in Malaysia

Everything About Trust in Malaysia.

Trust in Malaysia

Malaysia Trust offering 36% annual returns? In this article, we will explore everything about trust in Malaysia, from the top 10 trust companies in Malaysia to the alternative Trusts options based on a 10-year comparison. We will also cover concerns about high returns, different types of trusts, relevant laws, and how to set one up. By the end, you’ll have a better understanding of trusts and their benefits.

What is a Trust?

A trust is a legal arrangement where a person (the settlor) transfers assets to someone else (the trustee) to manage for the benefit of others (the beneficiaries). Trusts can be used for estate planning, asset protection, and charitable giving.

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Image Credit: Sgmoneymatters

Setting Up a Trust in Malaysia

We will explore the requirements, costs, and steps involved in setting up a trust in Malaysia.

Requirements for Setting Up a Trust in Malaysia

  • A legally binding document outlining the terms and conditions of the trust.
  • Must specify the settlor, trustees, beneficiaries, trust property, and management instructions.

– At least one trustee is required.
– Trustees can be individuals or corporate entities.
– Trustees must act in the best interests of the beneficiaries.

– Clearly defined individuals or groups who will benefit from the trust.
– Beneficiaries can be family members, charitable organizations, or other entities.

– Proper transfer of assets to the trust.
– Documentation and registration of asset transfers are necessary.

– Adherence to relevant laws and regulations, including the Trustees Act 1949 and other pertinent legislation.

Steps to Set Up Different Types of Trusts in Malaysia

Core Steps for All Trusts
1. Define Purpose and Objectives
2. Choose Trustees
3. Draft Trust Deed
4. Transfer Assets to the Trust
5. Register the Trust (if required)
6. Ongoing Management and Administration

Specific Considerations for Different Trust Types

Each type of trust has unique considerations and additional steps to ensure it meets the specific needs and objectives of the settlor and beneficiaries.

  • Revocable option for flexibility.
  • Privacy of the trust.

Customization: Tailor the trust deed to meet specific needs of the settlor and beneficiaries.

Succession Planning: Focus on detailed succession planning to ensure smooth transfer of wealth across generations.

  • Establishment of cash management accounts.
  • Detailed liquidity management.

Professional fund management.

  • Inclusion in the will.
  • Activation through probate.
  • Compliance with specific charitable regulations.

Cost Setting Up a Trust in Malaysia

Cost Component Cost Range (MYR) Description
Legal Fees 5,000 – 20,000 Drafting the trust deed and other legal documentation.
Legal consultation and advisory services.
Trustee Fees 10,000 – 50,000 per year Fees charged by professional trustees or trust companies for managing the trust.
May include setup fees and ongoing management fees.
Registration and Compliance Costs 1,000 – 5,000 Costs associated with registering the trust, if required.
Compliance with regulatory requirements and annual reporting.
Asset Transfer Costs 2,000 – 10,000 Costs related to transferring assets into the trust.
May include stamp duty and other transactional expenses.
Maintenance and Administration Costs 5,000 – 20,000 per year Ongoing costs for maintaining and administering the trust.
Accounting, auditing, and tax filing fees.

Sign Up here to learn more about Trusts in Malaysia

Types of Trusts in Malaysia

Malaysia recognises several types of trusts, each serving different purposes and offering various benefits. The main types include:

  • Living Trusts in Malaysia (Inter Vivos Trusts)

    A living trust, or inter vivos trust, is created during the settlor’s lifetime and can be revocable or irrevocable. Key benefits include:

    Avoiding Probate: Assets bypass probate, allowing for quicker and private distribution.
    Continuity and Management: Ensures asset management if the settlor becomes incapacitated.
    Flexibility: Revocable trusts can be amended or revoked as needed.
    Privacy: Living trusts are not public records, ensuring confidentiality.

  • Testamentary Trusts

    – Created through a will and comes into effect after the settlor’s death.
    – Primarily used to manage and distribute assets according to the settlor’s – wishes after death.

  • Charitable Trusts

    – Established for charitable purposes.
    – Enjoy certain tax exemptions and benefits.
    – Governed by specific regulations to ensure the trust serves public interests.

  • Family Trusts

    – Set up to benefit family members.
    – Commonly used for wealth preservation and succession planning.

  • Unit Trusts

    – Investment funds where investors pool their money to purchase units.
    – Managed by professional fund managers.
    – Popular for collective investment schemes.

    Unit Trusts Concerns in Malaysia

    Potential Losses
    : Investors may experience significant losses, as seen in personal accounts.

    Long-Term Nature
    : Unit trusts are often long-term investments, which may not suit all investors.

    Understanding Mechanisms
    : It’s crucial to understand how unit trusts make money and their associated risks.

    Relates News:
    The article on KCLau.com tells the story of an investor who lost over RM 20,000 in unit trusts over nine years. It emphasizes understanding cash flows, capital gains, and the long-term nature of unit trusts. The author advises learning from the experience and becoming a more informed investor rather than blaming the consultant.

    Read the detailed experience of an investor’s RM 20,000 loss in unit trusts on KCLau.com.

  • Private Trust in Malaysia

    – Established for private purposes, often involving family members or close associates.
    – Provides asset protection, privacy, and specific management directives according to the settlor’s wishes.

  • Cash Trusts

    – Created when a sum of cash is placed in trust.
    – Beneficiaries can access funds for emergencies or specific needs.
    – Not frozen upon the settlor’s death, ensuring continuous access.

    Cash Trust Concerns in Malaysia

    Regulatory Oversight: Potential lack of stringent regulatory oversight, leading to concerns about the security and management of funds.

    Mismanagement Risks: Risk of mismanagement or misuse of funds if trustees are not properly vetted.

    Transparency Issues: Possible lack of transparency in the terms and conditions, making it crucial for investors to thoroughly understand the trust agreement.

    Relate News: The Securities Commission (SC) of Malaysia is investigating unlisted companies offering cash trust products due to potential breaches of capital market laws. Concerns include offering shares without a registered prospectus and using deceptive practices. Cash trusts, marketed as low-risk investments, are unregulated by the SC or Bank Negara Malaysia. The SC is also reviewing its regulatory framework to protect investors from potential high-risk schemes promising returns as high as 36% per annum. For more details, you can read the full article here.

Top 10 Trust Companies in Malaysia Based on Market Cap

Here are the top 10 trust companies in Malaysia, selected from the largest companies listed on the Kuala Lumpur Stock Exchange (KLSE) and global market  by market capitalisation:

Trust CompanyParent CompanyMarket Cap (RM)
Maybank Trustee BerhadMalayan Banking Berhad121.6 billion
Public Trustee BerhadPublic Bank Berhad80.9 billion
CIMB Commerce Trustee BerhadCIMB Group Holdings Berhad76.4 billion
Hong Leong Trustee BerhadHong Leong Bank Berhad39.0 billion
RHB Trustees BerhadRHB Bank Berhad24.8 billion
Alliance Trustee BerhadAlliance Bank Malaysia Berhad6.2 billion
AmTrustee BerhadAMMB Holdings Berhad14.6 billion
HSBC (Malaysia) Trustee BerhadHSBC Bank MalaysiaNot specifically listed
Standard Chartered Trustee (Malaysia) BerhadStandard Chartered MalaysiaNot specifically listed
Deutsche Trustees Malaysia BerhadDeutsche Bank MalaysiaNot specifically listed

Trusts in Malaysia Alternative option

After exploring the details of Malaysian trusts, it’s important to consider alternative options like offshore trusts. Offshore trusts are established in jurisdictions outside of the settlor’s home country and offer various benefits such as enhanced asset protection, tax planning, and estate planning advantages. These trusts are typically set up in countries with favourable trust laws and regulations, providing a high degree of privacy and access to a wide range of investment opportunities. Common jurisdictions for offshore trusts include the Cayman Islands, British Virgin Islands, and Channel Islands.

FeatureMalaysian TrustsOffshore Trusts
Asset Protection
  • Currency Risk: MYR has dropped 45% against USD over the last decade.
  • Stock Market Performance: FTSE Bursa Malaysia KLCI’s 10 year price total return is 12.3% Finbox
  • Currency Stability: Typically held in stable currencies like USD.
  • Investment Opportunities: SPDR® S&P 500’s 10 year price total return is 234.0%. Finbox
PrivacyModerate privacy, subject to Malaysian regulations.Enhanced privacy with greater confidentiality and protection from public scrutiny.
Tax EfficiencyIn Malaysia, trusts are taxed under the Income Tax Act 1967. Trustees pay taxes on income from trust assets, and beneficiaries may be taxed on distributions. Proper structuring can optimise tax benefits for both parties.Potentially favorable tax conditions, reducing overall tax liability.
Accessibility and ConvenienceEasier to access and manage locally.May require dealing with foreign jurisdictions.
Risk and StabilitySubject to local economic and political risks.Established in stable jurisdictions, reducing local risk impact.
Professional ExpertiseLocal providers may have less experience with international assets.Managed by professionals with expertise in international law, finance, and estate planning.

Family office is more trending than offshore trust now Discover 3 Powerful Reasons Malaysians Must Know Now

Conclusion


Trusts are powerful tools for estate planning, asset protection, and wealth management in Malaysia. By understanding the different types of trusts, their benefits, and the legal framework, individuals and businesses can make informed decisions to achieve their financial and succession planning goals. While setting up a trust involves careful planning and consideration, the long-term benefits often outweigh the complexities and costs involved. Professional advice and expertise can help navigate the process and ensure the successful establishment and management of a trust.

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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Estate Planning in Malaysia: Will vs Trust vs Family Office

Ultimate Guide of Estate Planning in Malaysia. 3 Important Types.

estate planning in Malaysia

Important of Estate Planning in Malaysia

In Malaysia, an estimated 80% of Malaysians do not possess valid wills leading to potential family disputes and complications.

Estate planning is particularly important for several reasons:

  • Preventing Family Disputes: The lack of clear estate planning can lead to severe family conflicts, sometimes resulting in legal battles and even violence.
  • Ensuring Financial Stability: Proper estate planning can ensure that your loved ones are financially secure and that your assets are distributed in a way that aligns with your wishes.
  • Protecting Assets from Creditors: Effective estate planning can help safeguard your assets from creditors, ensuring that your wealth is preserved for your heirs.

Real-Life Examples Highlighting the Importance of Estate Planning in Malaysia

Conflicts over inheritance frequently arise due to inadequate estate planning in Malaysia, affecting everyone from small families to ultra-rich households. Notable cases include:

Negative Example:

  • In Sibu, Malaysia, Ngu Ming Wei was jailed and fined for assaulting his sister over an inheritance dispute. The conflict arose from disagreements about the distribution of their family’s land. This case highlights how lack of proper estate planning in malaysia and clear wills can lead to violent family disputes (The Star).
  • Ariff Peter, a former businessman and musician from Malaysia, found himself living in his car for two years to repay a RM1 million debt. His financial troubles began after a failed cryptocurrency investment, where his partners vanished with the funds, leaving him to face the consequences. Despite the hardships, Ariff persevered, working tirelessly to pay back his creditors. His story highlights the uncertainty for business owners. Luckily, Ariff is single; imagine if he had children and a wife. Next time, we’ll discuss ring-fencing for business to protect asset from creditor. (asiaone)
  • Taib Mahmud, former Sarawak governor, passed away, triggering a legal battle over his estate. His second wife, Raghad Kurdi, and his children from his first marriage are entangled in disputes over his substantial assets, including shares in a public-listed company. As an ultra-rich individual, this high-profile case underscores the potential for family conflicts in the absence of clear estate planning and the importance of family office services.( SCMP)
  • The legal battle within Lim Goh Tong’s family over the Genting Group’s inheritance underscores the importance of international knowledge in managing trusts. With assets spread across Malaysia, Singapore, the US, and China, understanding international laws is crucial for effective succession planning and avoiding disputes. This case highlights the complexities and legal challenges of managing a global business empire. ( The True Net )

Positive Examples:

  • Philanthropic and Succession Planning: Tan Sri Lee Shin Cheng’s careful succession planning for his sons to take over his business empire and his legacy donation to UTAR Hospital through Yayasan Tan Sri Lee Shin Cheng illustrate the positive impact of strategic estate planning. Proper estate planning can include philanthropic goals, ensuring that wealth benefits charitable causes and facilitates business continuity and family succession. These stories highlight the benefits of early and comprehensive estate planning. (utar) and (ioigroup)
  • Public Bank Founder’s Legacy: In honor of the late Tan Sri Dr. Teh Hong Piow, his youngest daughter Diona Teh Li Shian donated RM143 million to Tung Shin Hospital and RM200,000 each to several other charities. This act of philanthropy demonstrates the lasting impact of effective estate planning in preserving and extending a legacy of generosity. (edge).

 

Additional Importance and Potential Benefits of Estate Planning

Initiative Calls in Estate Planning There have been calls for more initiatives in estate planning to prevent issues such as the freezing of assets and to ensure that dependents can access their inheritance promptly. This includes educational efforts and legislative changes to simplify the estate planning process. This could include a favourable 15% tax rate for family office investments exceeding RM20 million.(thestar)

The purpose of this blog post is to help you understand the differences and benefits of each estate planning tool by comparing wills, trusts, and family offices, providing clarity on each option’s advantages and disadvantages. As you can see, the absence of proper estate planning can lead to significant conflicts and complications. Therefore, it is essential to consider tools like private trusts and offshore trusts, in addition to wills and family offices, to ensure your assets are protected and your wishes are honored.

 

Comparing Type of Estate Planning in Malaysia: Wills, Trusts, and Family Offices

Wills

  • Definition and Purpose: A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children.
  • Advantages:
    • Legal recognition and ease of enforcement.
    • Flexibility in asset distribution.
  • Disadvantages:
    • Probate process and associated costs.
    • Public disclosure of the will’s contents.
  • Suitable For: Straightforward estate situations with clear directives for asset distribution.

 

Trusts

  • Definition and Purpose: A fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of beneficiaries.
  • Types of Trusts: Living trust, testamentary trust, offshore trust.
  • Advantages:
    • Asset protection and privacy.
    • Potential tax benefits.
    • Flexibility in managing and distributing assets.
    • Offshore Trust: Offers enhanced privacy, international asset protection, and potential tax benefits due to being governed by the laws of another country.
  • Disadvantages:
    • Setup and maintenance costs.
    • Complexity in management.
    • Offshore Trust: Additional legal and compliance complexities due to multiple jurisdictions.
  • Suitable For: Complex estates, asset protection, privacy concerns, international asset management, and planning for incapacitation.

 

Family Offices

  • Definition and Purpose: A private wealth management advisory firm that serves ultra-high-net-worth families, providing a range of services including estate planning, tax services, and investment management.
  • Advantages:
    • Comprehensive and personalized estate planning.
    • Professional management of assets.
    • Family governance and legacy planning.
  • Disadvantages:
    • High setup and operational costs.
    • Typically suitable for high-net-worth families.
  • Suitable For: Very wealthy families needing a holistic approach to wealth management and succession planning.

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Which Type of Estate Planning in Malaysia is Right for You? Compare Fees, Net-Worth Requirements, and Expert Support

Now that you understand the advantages and disadvantages of each type of estate planning in Malaysia, we’ve created a comparison to help you choose the right option based on fees, net-worth requirements, and the expert support provided by each service.

ServiceTeam MembersNumber of ProfessionalsTypical Fees (MYR)Who Normally Needs It
Will and Estate Planning FirmWill Drafting Expert, Legal Advisor, Estate Planner, Tax Advisor, Financial Planner4-5RM500 – 50,000 one-time feeIndividuals with straightforward to complex estates; high net worth individuals (RM 1 million and above); those needing detailed asset protection strategies and guardianship appointments
Private TrustTrustee, Trust Administrator, Legal Advisor, Financial Advisor, Tax Advisor5RM10,000 – 50,000 per yearHigh net worth individuals (RM 5 million and above); families wanting to avoid probate; those needing long-term asset management and protection
Offshore TrustTrustee, Trust Administrator, Legal Advisor, Financial Advisor, Tax Advisor, Compliance Officer, Asset Protection Specialist7RM20,000 – 100,000 per yearIndividuals with offshore property or investments; those seeking tax benefits and asset protection in multiple jurisdictions; ultra-high net worth individuals (RM 10 million and above) 
Family OfficeCEO/Director, CFO, Investment Manager, Legal Counsel, Tax Advisor, Philanthropy Advisor, Family Governance Advisor, Administrative Staff, Personal Assistants, Estate Manager10+RM100,000 – 500,000 per yearUltra-high net worth families (RM 50 million and above); those requiring comprehensive wealth management, lifestyle management, and legacy planning

 

Start Estate Planning Now

Taking the first step in estate planning is crucial to ensuring your assets are protected and your wishes are honored. Don’t wait until it’s too late—start planning today to avoid future complications and conflicts.

FIAM, in collaboration with Timeless Family Office, is offering a complimentary 30-minute consultation to help you get started. For further assistance or to schedule your consultation, click the button below or fill out the form below

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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How To Set Up an Offshore Trust in Malaysia

How To Set Up an Offshore Trust in Malaysia

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In recent times, amid fluctuations in the Malaysian Ringgit (MYR) and shifts in the global financial landscape, offshore trust have emerged as a compelling option for Malaysian investors seeking to diversify their wealth and safeguard assets. The MYR has experienced significant depreciation, potentially causing assets denominated in MYR to drop by as much as 45% in the last 10 years.

Year Exchange Rate (Average: 1 USD to MYR) Percentage Change
2014 3.27 MYR
Present 4.72 MYR 44.35%

Notable personalities in Malaysia have also embraced offshore trusts for their potential benefits. This comprehensive guide explores the process of establishing an offshore trust in Malaysia, considering the MYR currency drop, and highlights how influential individuals in Malaysia have utilized offshore trusts to optimize tax efficiency and asset protection.

NamePosition/AssociationInvolvement in Pandora Papers
Daim ZainuddinFormer Finance MinisterLinked to multiple companies and trusts in the BVI, jointly holding assets worth at least £25 million (RM141 million). Sons, daughter, third wife, and business associates named as owners of offshore companies.
Zafrul AzizFinance MinisterNamed director of Capital Investment Bank (Labuan) Limited, a boutique bank incorporated in Labuan, although claims to have relinquished position eleven years ago. Seeks legal counsel regarding allegations, asserting the ability of individuals to open accounts with licensed banks.
Ahmad Zahid HamidiUMNO PresidentNamed director of BVI firm Breedon Limited in 1996, with company subsequently dormant for several years. Denies tax evasion attempts, citing investments in a “prominent country.”
Yamani Hafez MusaDeputy Finance MinisterFormer director of Great Ocean Consultants in the BVI alongside siblings. Father, former Sabah chief minister, took over as sole director in 2015. Company sold in 2016.
G GnanalingamCargo Company OwnerOwns BVI firm Paisley Marketing Limited, dissolved after being gifted to daughter. Ranked No. 13 on Forbes “Malaysia’s 50 Richest 2021” list with a net worth of US$1.8 billion.
William LeongFormer Party TreasurerAdministrator of Collister Holdings Ltd in Jersey, managing income during tenure as executive vice president of Philippine National Steel Mill. Linked to BVI firm Maxcorp (Asia) Overseas Ltd.
Mahmud Abu BekirSon of Sarawak GovernorNamed in Pandora Papers through directorship of family business, BVI company Rondinmass Incorporated, holding commercial properties in Seattle and Washington worth US$35 million.
Tiong Hiew KingTimber Company FounderListed as owner of IB Holdings Limited, a Cook Islands company involved in investment and timber products trading.
Larry Low Hock PingParent of Jho LowLinked to BVI companies Coswell Corporation and Strategic Equities Limited, with combined shares worth US$7 million.
Lim Kok ThayGenting Group ChairmanLinked to BVI company Azure Supreme Limited, though the nature of its business remains undisclosed.

Source: Coconuts (2021-10-06)

Step 1: Understanding Offshore Trusts

Before delving into the process, it’s essential to grasp the fundamentals of offshore trusts. An offshore trust is a legal entity established in a jurisdiction outside of Malaysia, typically in jurisdictions renowned for their favorable regulatory frameworks and tax benefits. Such trusts serve various purposes, including wealth preservation, succession planning, and confidentiality.

Step 2: Choosing the Right Offshore Jurisdiction

Selecting the appropriate jurisdiction for your offshore trust is paramount. Factors to consider include the jurisdiction’s legal system, political stability, regulatory environment, and tax laws.

Major offshore destination in the world in 2022.
Source: Statista 

In 2022, Switzerland emerged as the leading offshore destination for private wealth globally, with Hong Kong and Singapore following closely behind. During that period, offshore assets in Switzerland reached approximately 2.4 trillion U.S. dollars. Timeless International Family Office maintains offices or professionals in all major leading offshore destinations including Switzerland, Singapore, Hong Kong, Shenzhen, Taipei, Kuala Lumpur, Dubai, London, Vienna, Geneva, the British Virgin Islands, the Cayman Islands, and the Marshall Islands.

Step 3: Engaging Offshore Trust Professional Services in Malaysia

Given the complexity of establishing an offshore trust, engaging professional services is highly advisable. Seek assistance from reputable law firms, trust companies, or financial advisors specializing in offshore structuring. These professionals can provide expert guidance on trust formation, compliance requirements, and ongoing administration. It’s important to note that there are limited offshore trust service providers in Malaysia. 

Timeless International Family Office is one of the recent entrants, having opened their office in Kuala Lumpur on March 23, 2024. Due to the complexity involved, meeting face to face with professionals is often preferred for a thorough discussion and understanding of your needs

Local trusts, such as those offered by Rockwill and UBB Amanah, may differ from offshore trusts in certain aspects. Offshore trusts, in particular, may offer added benefits compared to local trusts. We will delve deeper into this topic in future discussions. Join our newsletter for more update.

Option 1: Setting Up with Agency Assistance


Step 4: Engage the Offshore Trust Agency in Malaysia

Simply fill out the necessary forms and provide the offshore trust agency with the required information. They will then prepare all the necessary documents based on your input. Once everything is set up, you’ll open your offshore trust account system, ensuring all details are accurate. After confirming payment, a quick follow-up call ensures smooth processing. Legal experts from the agency will assist you in drafting the trust deed, detailing terms, objectives, and beneficiaries. As a bonus, you can also apply for a credit card linked to your offshore trust account. Once all paperwork is signed and submitted, your offshore trust account will be activated effortlessly.

You are done!

 

 

Option 2: Setting Up Independently

Step 4: Drafting the Trust Deed

Drafting the trust deed independently requires close collaboration with legal experts. You’ll need to invest time and effort in ensuring that the document is comprehensive and tailored to your needs, addressing key considerations such as asset protection provisions and succession planning arrangements.

Step 5: Selecting Trustee(s) and Settlor(s)

The selection of trustee(s) and settlor(s) is a critical aspect of trust formation. Trustees play a fiduciary role in managing trust assets and executing the trust’s terms, while settlor(s) establish the trust and may contribute assets. Choose trustees with a solid reputation for professionalism, integrity, and expertise in trust administration.

Step 6: Funding the Offshore Trust

Once the trust is established, it must be funded with assets. This typically involves transferring assets such as cash, securities, real estate, or other investments into the trust’s name. Take care to comply with all legal and regulatory requirements governing asset transfers, including documentation and reporting obligations.

Step 7: Compliance and Reporting

Maintaining compliance with relevant laws and regulations is essential for the ongoing operation of an offshore trust. Be aware of reporting requirements, tax obligations, and other compliance matters applicable to both the trust and its beneficiaries. Regularly review the trust’s structure and operations to ensure continued compliance with evolving regulatory standards.

Step 8: Monitoring and Review

Effective management of an offshore trust requires ongoing monitoring and review. Stay abreast of changes in regulatory environments, tax laws, and economic conditions that may impact the trust’s operations or objectives. Periodically assess the trust’s performance, structure, and asset allocation to ensure alignment with your financial goals.

Is Establishing an Offshore Trust from Malaysia the Right Move for You?

Setting up an offshore trust in Malaysia offers numerous benefits, including asset protection, tax optimization, and enhanced privacy, embodying the principles of Dark Forest Logic. By following these steps and leveraging professional expertise, Malaysian investors can establish a robust offshore trust structure to safeguard their wealth and achieve their financial objectives.

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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Applying Offshore Trusts and Dark Forest Logic in Malaysia

Malaysian Investors Can Learn From Dark Forest Logic And Apply It To Offshore Trusts

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In Malaysia, Netflix’s “The Three-Body Problem” is one of the most popular TV shows currently. The Dark Forest Theory portrayed in it demonstrates a cautious attitude when facing unknown threats, sharing astonishing similarities with concepts like offshore trusts and global wealth management with tax optimization. This article will delve into the connections between these theories and their importance in wealth management and tax optimization, highlighting the role of offshore trusts and Dark Forest logic

The Offshore Trusts and Dark Forest Logic 

In “The Three-Body Problem,” the Dark Forest Theory describes the cautious behavior of civilizations in the universe, choosing to hide their existence to avoid potential threats from unknown civilizations. Similarly, in real life, individuals and entities in Malaysia may also choose to hide their assets in offshore trusts to protect their privacy and wealth.

Investors in Malaysia can leverage the advantages of offshore trusts to protect and grow their wealth. By establishing offshore trusts, Malaysian investors can enjoy tax benefits and asset protection in other jurisdictions, thereby maximizing financial planning and asset management goals.

Tax Optimization

In the Dark Forest, civilizations must carefully choose to hide their existence to minimize potential threats. Similarly, in the globalized economic environment, individuals and businesses can also achieve tax optimization goals through structures like offshore trusts, minimizing tax burdens to the fullest extent.

Investors in Malaysia can use offshore trusts in other jurisdictions to achieve tax optimization goals, similar to civilizations in the Dark Forest choosing to hide their existence to evade potential threats. This strategy not only helps protect wealth but also provides greater flexibility and opportunities in the ever-changing economic and tax environments.

Global Wealth Management

Apart from the Dark Forest Theory, we can also learn important lessons about civilization survival and development from “The Three-Body Problem.” Civilizations must carefully manage resources and develop strategies to address potential threats for survival and prosperity, mirroring the concept of global wealth management.

Global wealth management is not just a comprehensive strategy for managing personal and family wealth but also a strategy for survival and prosperity in an unknown universe. Offshore trusts play a crucial role in this strategy, offering advantages such as asset protection, financial planning, and tax optimization, helping individuals and families protect and grow wealth in the dark forest of the universe, coping with changing environments and threats.

Global Payment Solutions

Global payment solutions provide beneficiaries with the opportunity to use trust account assets globally, facilitating consumption through configuring beneficiary credit cards. Similar to scenarios depicted in “The Three-Body Problem” series where advanced technology obstructs scientific progress on Earth, challenges posed by foreign exchange controls also highlight this issue. Just as the Trisolarans use technological barriers to impede human scientific progress, foreign exchange controls are used by governments to restrict cross-border currency flows, limiting economic growth and innovation. Both scenarios demonstrate how technological or regulatory barriers hinder progress and development.

Conclusion

When facing uncertain tax environments and financial risks, individuals and entities in Malaysia can still adopt similar strategies by using offshore trusts and global wealth management to protect and grow wealth. Malaysian investors can achieve tax optimization and wealth management goals by utilizing offshore trusts in other jurisdictions.

By deeply understanding the connections between the Dark Forest logic and offshore trust, global wealth management, and tax optimization, individuals and entities in Malaysia can better formulate financial strategies to cope with changing economic and tax environments, achieving financial freedom and long-term prosperity.

Global wealth management, global payment solutions, asset privacy, and tax optimization are just some of the many advantages of offshore trusts. To learn about the top 10 benefits of offshore trust accounts at Timeless International Family Office, please visit this link: https://fiam.my/10-benefits-of-offshore-trust-account/.

Timeless International Family Office

With an international professional team spread across locations like Singapore, Hong Kong, Shenzhen, Taipei, Kuala Lumpur, Dubai, London, Vienna, Geneva, British Virgin Islands, Cayman Islands, and Marshall Islands, we deeply understand the importance of family legacy and are committed to assisting you in creating seamless generational wealth succession.

Through strategic partnerships with industry leaders, Timeless International Family Office has accumulated rich experience and strength, embarking you on an outstanding journey of family legacy, ensuring wealth continuity and achieving generational prosperity.

**This article is for informational purposes only and does not constitute legal or tax advice. Readers considering using offshore trust structures for financial planning or tax optimization should consult professional legal and tax advisors to ensure that actions taken comply with all applicable laws and regulations. The author and this website are not responsible for any actions or decisions made by readers based on the content of this article.

Explore the benefits of offshore trusts and safeguard your family's financial future with a complimentary 30-minute consultation (worth RM500).

Discover strategic wealth planning solutions tailored to your family’s needs with our complimentary consultation on trust structuring. We understand that every family has unique financial goals and challenges, requiring personalized approaches to long-term asset protection.

During your consultation, our experts will explore suitable trust structures aligned with your objectives, ensuring a smooth transition of wealth for future generations.

Schedule your free consultation today to gain insights into effective wealth preservation and legacy planning

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