You and Your Money May 2026 – Estate planning
In this article, first published in London Arabia Magazine’s January 2026 edition, Accuro’s Natacha Onawelho-Loren and Mustafa Hussain explore the topic of protecting family, assets and legacy.
There is nothing more important than family. This is particularly true of Arab society, where family comprises a core component of that society itself. Caring for and protecting your family is therefore one of the most important mandates you will ever have.
You will take time, care and attention over a period of decades to ensure values, religion, culture, education and etiquette are imbibed into the younger members of your family. They will come to respect, admire and learn from their elders and peers; developing strong senses of identity, belonging, loyalty and legacy along the way.
When it comes to your wealth and assets, the responsibility to care for and protect your family for the long term is as equally important. Families with significant assets and multiple generations or several branches need to take a strategic approach to wealth and succession planning in order to achieve a bespoke solution that comprehensively protects their family in the optimal way.
There is no universal solution to wealth planning needs, however a common option that offers several strategic benefits is a trust. A trust can ensure assets are managed and distributed in accordance with your wishes after your lifetime. It can also prevent the break-up of your asset portfolio when passed down to multiple heirs. Halting break-up in this way can ensure that the family’s portfolio and legacy is kept intact.
Another benefit of trusts is that you can express your wishes for when and how members of the family access funds or use assets and you can put in place safeguarding measures. For example, with youngsters you can require education or work experience and with young people of marriageable age you can stop reckless spending or misuse.
Certain trust structures can reduce inheritance taxes and some other taxes, so tax efficiency can be another principal draw towards using a trust. However, careful and detailed tax advice is key and should be engaged well in advance of arranging anything else.
In the Middle East, privacy can be a principal concern for families who do not want it widely known what they own and where. Unlike Wills, trusts often avoid public probate processes, keeping family wealth and asset information confidential. This is important if you value discretion and it is possible to even restrict how much information is known to your own family members if you wish.
For Arab families who have assets not just locally in the GCC but also in London and other parts of Europe, shielding assets from creditors, lawsuits and marital disputes, as well as having them held under a unified holding structure can be a distinct advantage.
From a succession planning perspective, trusts can facilitate the smooth transition of family owned businesses. Family companies are a key component of the economy in the Arab world. Some Arab family businesses have grown over decades to the size of multinational conglomerates: but supplier, customer and banking relationships can be heavily dependent on the comfort of the family name and identity. Families and their businesses are not separate from community and society in the Arab world and so philanthropy also features prominently and is another strategic advantage of trusts. Trusts allow the enshrining of family values, legacy and giving through formal structures that are enduring and tax efficient.
Understanding what a trust is and how it works can be a challenge because they are unfamiliar to many people. They are also challenging to describe without the use of legal jargon or complex terminology. But in its essence, the easiest way to think of a trust is as follows: it is possible within the law of some territories for a person to transfer some of their property to a separate and responsible person who holds it on their behalf. This ‘responsible person’ therefore owns the property. But they do not do so for themselves. Instead they hold it for the benefit of, for example, that individual’s family. Detailed instructions as to how and for whom are set out by the individual.
This means, of course, that the relationship between the individual and the ‘responsible person’ (a trustee, such as Accuro) is a profound one, characterised by integrity, accountability, responsibility and duty. This is what a trust arrangement is all about.
The trust fulfils the individual’s objectives of protecting their property and family in a planned way, since if they die, their wishes are followed and their property is preserved. The property in the trust can be real estate, company shares, investments, art, jewellery, cash or other assets. Assets will be managed by specialist wealth and asset managers externally. It is an advantage (avoiding conflict of interest) to have this done by someone other than the trustee.
Accuro is driven by a vision of being a progressive force for good for families, for our staff and for our industry as a whole. As a trust company, we take a long term perspective over generations and we focus only on serving private clients. Families are at the heart of our business. A true understanding of the complex dynamics of Arabian families and their assets is only achieved through expertise, experience and trusted relationships built over years.
There are many ‘layers’ of knowledge, insight and expertise that a trustee needs, in order to understand, anticipate the needs of and dutifully fulfil the requirements of an Arab family. Regional and global geopolitics and international public relations have an impact on the choice of law and place of administration of a family trust (ensuring safe harbour).
Culture and family values, the family name and aspirations for legacy and philanthropy (such as Zakat, Sadaqa or support for the arts and culture, aid or local community) are key considerations. Knowledge of the intended or unintended impact of Islamic heirship rules (Faraid) in the home country and in other territories, where assets are located, are vitally important to know and anticipate.
Within the family itself, dynamics are sometimes spoken about and sometimes not: they can be related to relationships between older and younger members of the family, interactions between spouses, the role of eldest children and the protection of minors or family members with special learning needs, disabilities, medical conditions or other unique circumstances that mean they are dependent on care.
At Accuro, we commit to enduring relationships with the families who appoint us. We take a long term approach and knowing, anticipating and planning for the diverse range of needs of Arab families in a proactive, insightful and holistic manner is important to us.
Our award-winning service is particularly known for its commitment to serving the Middle East and Women in Wealth initiatives, which is why we are distinctly proud to partner with London Arabia and the Arab Women’s Summit in 2026.
For more information about our bespoke services, please contact Natacha Onawelho-Loren or Mustafa Hussain.
Across the Middle East, families increasingly recognise the advantages of using trusts as the ownership “vehicle” for holding and managing assets located around the world. Trusts provide exceptional flexibility in estate and succession planning, allowing structures to evolve in step with a family’s changing needs, goals and global footprint.
Among the many decisions involved in establishing a trust, selecting the right trustee is arguably the most significant. Once a trust is established, the trustee assumes legal ownership and responsibility for managing the assets, acting not only as steward but as key guardian of the family’s legacy.
While the concept of a trust dates back to the 12th century, where wealthy landowners would transfer property to a trusted person (the trustee), the principle remains the same to this day when choosing a trustee. It should be someone you genuinely trust.
Here are my seven key steps to finding the right trustee.
Don’t just take a well-known brand at face value. A proven track record and/or recommendation from a reliable source can provide substance. Ask for guidance from your trusted advisers: they are likely to know from experience and from working in the industry who the reliable partners are in the region. Once you have a selection of names, check the company’s website, what they stand for and whether they are based in a stable and reputable jurisdiction. As part of your decision-making process, ask for the company’s regulatory ‘bill of health’ and any regulatory issues they may have encountered in the past five years.
A trustee must be able to act in the best interest of the beneficiaries of the trust. This objectivity is key to ensuring that the trustee’s decision-making process is based solely on the provisions outlined in the trust and not on personal or financial interest in the trust or its assets. Therefore, a trustee should be free of conflict of interest.
Such conflicts may arise, for example, where the only trustees are members of one family. Even with the very best of intentions, it can sometimes be difficult and stressful for a family member to be impartial and objective when making decisions that will inevitably impact other family members. Appointing a third-party independent trustee alongside that family member can minimise the risk of such conflict arising and also provide a much-needed objective sounding board, as well as regulatory and professional standard.
Another instance is when trust’s assets are managed in-house (i.e. either by the trustee itself or by a connected entity to the trustee). Normally trust’s assets are managed by a third-party bank/asset managers appointed by the trustee with the trustee monitoring the performance of that bank/asset manager.) Practically, it might be difficult in these circumstances for the trustee to demonstrate independent decision making and a lack of financial interest in the assets (in the form of management and other fees deriving from the investment management mandates accruing to the trustee or its connected entity).
Good practice requires a complete separation of activity with the trustee’s eye firmly on the monitoring of the investment performance. However, if there is no alternative to entrusting the investment mandate in-house or to a connected entity, transparency over the investment process, strong ‘ethical walls’ and ongoing and rigorous performance monitoring by the trustee is essential. This will serve to reassure beneficiaries as to independent decision making, strong reporting process and afford the trustees a clear accountability path towards beneficiaries to demonstrate that they are acting in the best interest of the beneficiaries and not theirs.
In an increasingly complex world, your trustee must strive to be aware of the latest legal/regulatory developments that may impact your structure, especially important in the Qatar Financial Centre (QFC) where there are complex regulatory requirements. Access to a knowledge pool, whether in-house or external, for issues as diverse as property transactions, tax and regulatory developments in relevant jurisdictions is essential. A thorough trustee will aim to ensure that there is continuous monitoring of the developments impacting the trust and be ready to discuss this with you and any changes that require to be made to adapt the structure to the new environment.
A trust is set up with long-term goals in mind, so it is important that your trustee also has a long-term lens and track record. When was the company established? Who are its ultimate owners? What are their long-term plans?
Another key element is staff turnover. Families rightly expect a continuing, personal, long-term relationship with a trustee who they know and who knows them, their family history, values and goals. Enquiring about staff turnover will give you an insight into the internal makeup and culture of the trustee company and should strive to reassure you as to the continuity of your trustee relationship.
Aim to have at least one meeting annually with your trustee for a full debrief on the trust’s activities and an opportunity to share updates on your family situation. For example, if some family members are planning to move to a different country as this could have a major impact on the trust. Additionally, a trustee should be willing to provide challenge (with good intent), offer alternative views and ask the difficult questions. You want a trustee who has a pro-active and personal approach so that your communication is meaningful and effective.
Arguably, one of the most important areas to cover with your trustee. Enquire about the trustee’s data security and storage approach and how well any technical processes are supported by regular staff training and awareness. Make sure you are happy with any internal procedures to sign off on payments, using rigorous internal protocols such as the ‘four eyes’ principle – where internal payments are signed and approved by two people – call backs and email encryption.
Quite rightly, costs must be considered when appointing a trustee, but get the balance right. A good trustee will need to uphold the integrity of the structure put in place. This means adequate meetings, record-keeping and regulatory and legislative monitoring to ensure your family trust is well managed and able to stand the test of time. This means a certain cost. A reputable trustee company, however, should also be able to provide you with complete transparency in relation to those costs, so that you can see exactly what you are paying for and why it is worthwhile.
Choosing your trustee is one of the most important decisions that you make for yourself and your family. Probe, do your research and invest the time to get to know the prospective trustee company well. Once comfortable with your choice, be aware that this is the start, not the end of the journey.
For more information about our bespoke services, please contact Natacha Onawelho-Loren.
On 30 October 2024, UK Chancellor of the Exchequer, Rachel Reeves, delivered the much anticipated and speculated upon Autumn Budget.
As expected, the Government have confirmed the radical changes to the taxation of UK resident non-domiciled individuals and structures established by them.
We have summarised the key changes relevant to trusts below.
If you are unsure as to whether these changes affect any of your existing structures, we strongly advise you to seek guidance as soon as possible to ensure, where appropriate, bespoke advice is obtained.
Currently, UK resident and non-UK domiciled individuals (RNDs) can elect to be taxed on the remittance basis of taxation which allows them to shelter their non-UK income and gains from UK income tax and capital gains tax (CGT) provided they are not “remitted” (broadly, brought in) to the UK. This beneficial regime is generally available to RNDs for the first 15 years of their UK tax residency.
From 6 April 2025, the remittance basis of taxation will be abolished in its entirety. It will be replaced by a new foreign income and gain (FIG) regime under which individuals will be exempt from UK income tax and CGT in respect of foreign income and gains for the first 4 years of UK tax residency, regardless of whether the income and gains are remitted to the UK. Following this period, RNDs will be taxed on all income and gains on an arising basis.
Certain transitional arrangements will be available to existing RNDs who have elected to be taxed on the remittance basis but do not qualify for the new FIG regime (including a facility allowing foreign income and gains to be brought into the UK at a reduced rate for a set period, and the option to rebase assets at 2017 values for CGT purposes).
Certain generous trust protections have been available since April 2017 (known as the protected trust regime). Broadly, these shield an RND settlor of a non-UK resident trust from liability to UK income tax and CGT on foreign income and gains which arise in a trust provided certain conditions are met with the effect that tax can be deferred on such income and gains until distributions are made to UK resident persons.
This regime will cease to apply from 6 April 2025 such that income and gains within a trust will be taxable on a UK resident settlor on an arising basis, unless they qualify for the FIG regime or they (and certain family members) cease to benefit from the trust. In practice, steps can be considered to avoid direct taxation on trust income by excluding the settlor (and their spouse) from benefit, but this is unrealistic for CGT purposes given the class of family members that need to be excluded to achieve the same result. Where there has been no intention to avoid UK tax involved in the establishment of a trust, advice should also be obtained to establish whether the same attribution-rules can be disapplied by reliance on the so-called ‘motive defence’.
Currently, individuals who are not domiciled or deemed domiciled in the UK are generally only subject to inheritance tax (IHT) in respect of their UK situated assets (or non-UK situated assets which derive their value from UK residential property). Such individuals are also able to permanently shelter their non-UK assets from IHT by establishing trusts (known as excluded property trusts) prior to becoming deemed domiciled after a period of 15 years in the UK.
From 6 April 2025, domicile will (for the most part) cease to be a relevant concept for IHT. Instead, exposure to IHT will depend on residence – an individual’s estate (and trusts established by them) will be within the scope of IHT when a person becomes a Long-Term Resident in the UK. With effect from 6 April 2025 (and subject to transitional rules for non-domiciled individuals who are non-UK tax resident in 2025/26), an individual will be Long-Term Resident once they have been UK tax resident for 10 out of the preceding 20 tax years. After an individual has left the UK, the worldwide basis for IHT will continue to apply for a period ranging from 3 to 10 years subject to the time spent in the UK prior to leaving (the IHT tail).
From 6 April 2025, the long-term protection from IHT of excluded property trusts may cease to apply. Trusts will only be excluded property (and not subject to IHT) where the assets held are non-UK situs and the settlor is not Long-Term Resident at the time of the IHT chargeable event including on ten year anniversaries of a trust, capital distributions from a trust and (unless the settlor has been excluded from benefit) on a settlor’s death.
Importantly, for excluded property trusts established before 30 October 2024, a charge will not be imposed on a settlor’s death (even if the settlor can benefit from the trust). This will come as a welcome relief to UK-resident non-domiciled individuals who established their excluded property trusts prior to the Budget.
Currently, IHT relief (at 100% or 50%) is available for certain classes of business assets and agricultural property. This relief extends to trusts which comprise such assets (relieving them from the IHT relevant property regime charges).
From 6 April 2026, where assets would have qualified for 100% relief (such as shares in a private trading company), relief will be capped at £1m on the combined value of business interests (and agricultural property). Any assets that would currently enjoy 100% relief and exceed that £1m limit will receive only 50% relief. The £1m limit will apply equally to trusts when assessing the relevant property regime charges.
While the removal of domicile as a concept relevant for tax purposes is welcome given its difficulty in factual application, these changes represent a significant change to the taxation of RNDs and trusts established by them from which there will be both winners and losers.
Notwithstanding that, it is also important to remember that there are numerous non-tax reasons for establishing a trust, including succession planning and wealth and asset protection. In addition, there is a need to note that the changes announced during the Budget are unlike to have any practical impact on trusts where the settlor is no longer living or where the settlor is not (and has no intention of becoming) a Long-Term Resident.
Careful planning well in advance of 6 April 2025 for those impacted is key.
The information contained in this briefing is based on the proposals announced on the date of publication at may change before the legislation is enacted by Parliament. The briefing is provided for general information only and should not be relied upon in relation to any specific circumstances. Nothing in this briefing constitutes legal or tax advice and Accuro accepts no responsibility for any loss arising from action taken by persons using this marketing material.
Please contact Simon Hart or Radhika Mehta should you wish to discuss these changes further.