What is a Delaware trust?

A dynasty trust is meant to hold assets for several generations. In Delaware, personal property in trust has no fixed end date, while real property must be distributed after 110 years, with exceptions. The deed sets who benefits and when, and the trustee follows it as each generation changes.

The trustee holds legal title, follows the deed, keeps records and accounts, meets when decisions are needed and handles reporting. On a qualified disposition, at least one trustee must be a qualified trustee, either a Delaware-resident individual or a supervised entity. Where the deed names chapter 33 advisers, the trustee generally follows their valid directions.

Families usually weigh a long-established statute, a clear framework for advisers and protectors, and a deep pool of local lawyers and trustees. The directed model suits a family that wants an investment adviser of its own choosing, while real property in trust faces a 110-year cap. Your own advisers set Delaware beside other places for you.

No. A Delaware trust is a relationship set out in a deed, not a separate legal person. The trustee holds title, and advisers named under chapter 33 can be given defined powers. A trust can own shares in a company, and a trust company that meets the qualified trustee test can serve as trustee.

No. The state link comes from the qualified trustee: a Delaware-resident individual who is not the transferor, or an authorised and supervised entity. Your home country's trust and tax rules still apply wherever you live, and your advisers there review the plan. Remote identity checks are possible but add steps.

Often yes, but the trust's own governing law and deed set the steps. Your lawyer confirms how a deed of retirement and appointment applies to your deed, and whether the trust must choose Delaware law. We coordinate the move and refresh the identity checks.

Usually, through the deed. It can name you or a manager as an investment adviser whose directions the trustee follows. For a qualified disposition the Act limits some roles for the transferor, so your lawyer confirms what you may keep.

Yes. The trustee holds the shares under the deed, and a chapter 33 adviser can be given the power to direct decisions about them, which the trustee generally follows. For the file we need the share register and an ownership chart. Your lawyers read the company's own rules for any limit on transferring shares.

The letter tells the trustee, and any adviser you named, how you would like discretion used: who benefits first, how to treat a business, what to avoid. It is not binding. Powers you want to keep, such as a veto on distributions, belong in the deed itself. You can revise it as your family changes.

Only through a power the deed gives. A qualified disposition is irrevocable, so any such power is written in at the start, usually for the trustee or a protector. Many deeds name a class such as descendants, so new family members join without a change. Your lawyer checks that each power fits the Act before you sign.

The trust continues under the deed, because a qualified disposition is irrevocable. The trustee pays out as the deed directs, and advisers keep the powers the deed gave them. Personal property has no fixed end date, so a long-term deed can carry on. A non-US settlor's US estate tax position turns on where the assets sit.

In some cases. The Act lists exception creditors: people owed support or a divorce property division, and people injured before the transfer. Other creditors face a clear and convincing evidence standard. Your lawyer applies this to your facts. The legal features page lists each exception with its source.

We cannot say. The result depends on where you are resident, your citizenship and where the assets sit, and Delaware is one layer beside federal rules and your home country's rules. A trust does not remove reporting duties. Have an adviser at home and a US adviser read the draft deed together.

Yes. The Delaware firm drafts to Delaware law, including the qualified trustee terms and the chapter 33 adviser powers. It does not advise on trust, inheritance or tax rules at your home, so your own lawyer reviews the draft for those and for your wishes before you sign. We give no legal advice.

Yes. Book a call and describe the purpose, the assets and the countries involved. It also helps to say whether you want advisers to direct investments and whether an irrevocable deed is acceptable. We lay out the options, and a quote can follow.

Write down the purpose of the trust, the assets and where they sit, and who should benefit. Add whom you would name as protector or investment adviser and whether you could accept an irrevocable deed. Passport details and a rough account of where your wealth came from are enough for a first review.