Why structure at all
Three things a structure gives a family.
Succession. A portfolio held personally passes through probate in every country where you hold assets. A portfolio held in a trust or foundation passes according to the deed, without probate, to the people you named, on the terms you set.
Protection. Assets settled into a properly constituted structure are no longer yours to lose. They are held for beneficiaries, which matters for business owners, professionals with liability exposure and families in politically uncertain countries.
Continuity. When a family's members live in three countries and its patriarch moves to a fourth, a Mauritius structure gives the wealth one legal home that does not move when people do.
Trust or foundation
| Trust | Foundation | |
|---|---|---|
| Law | Trusts Act 2001 | Foundations Act 2012 |
| Legal form | A relationship: trustees hold assets for beneficiaries | A legal person with its own council and charter |
| Familiar to | Families from the UK, South Africa, India, Australia | Families from Europe, the Gulf, Latin America |
| Oversight | Protector can be appointed | Council, with an optional guardian or protector |
| Founder's role | Settlor usually steps back; letter of wishes guides trustees | Founder can reserve powers in the charter |
| Tax in Mauritius | Exempt where settlor and beneficiaries are non-resident | Exempt where founder and beneficiaries are non-resident |
| Public register | No | Registered, but charter and beneficiaries are not public |
How the two firms work together
- Design. Intrasia Management advises on the structure with your tax and legal advisers and drafts the deed or charter.
- Establishment. The trust or foundation is constituted; Intrasia Management acts as trustee or council member and administrator under its FSC Management Company licence.
- Mandate. The trustee or council appoints Intrasia Wealth under a written discretionary or advisory mandate agreed with the family.
- Custody. A custodian account is opened in the name of the structure; existing holdings are transferred in without being sold.
- Reporting. The family receives one quarterly pack: portfolio performance from Intrasia Wealth, structure accounts from Intrasia Management.
Structuring services are provided by Intrasia Management, a separately licensed company in the Intrasia Group. Intrasia Wealth does not give legal or tax advice. Mauritius trusts and Mauritius foundations are described in detail on Intrasia Management's site.
Questions we are asked
Frequently asked
Does Intrasia Wealth set up the trust?
Trust or foundation: which is right for my family?
Can the trust hold my existing portfolio?
Who controls the investments once assets are in a trust?
Is a Mauritius trust confidential?
Start with the portfolio, or start with the structure.
Either way, the first conversation covers both, with the right licensed people in the room.
