The Trust allows for the prevention of disputes and disagreements among family members regarding the ownership of assets, and also avoids the fragmentation of the estate. Ultimately, it enables the planning of asset succession, naturally in compliance with the legal provisions concerning forced heirship.

The assets transferred into the Trust are bound for a period of time determined by the Settlor and, in the case of a family Trust, are managed and utilized by the Trustee in the interest of the family—or even in favor of third parties—potentially continuing beyond the death of the Settlor, since the assets in the Trust do not form part of the estate for succession purposes.

This prevents potential heirs from acquiring direct ownership of the assets through inheritance upon the Settlor’s death. On one hand, it allows the family’s assets to remain united and intact despite life events of the heirs—such as divorce, professional or personal issues, or a prodigal lifestyle—that could otherwise expose inherited assets to claims by the heirs’ personal creditors. On the other hand, it ensures the family can enjoy the assets in a protected manner through the Trust.

It is, of course, also possible to include provisions in the trust deed that instruct the Trustee to distribute assets and income to the Beneficiaries upon the occurrence of certain life events or at set times (e.g. a child’s graduation, marriage, the need to purchase a home, etc.). Similarly, one can stipulate that, upon the death of the Settlor, the Trustee distributes part of the assets in Trust to the heirs or to third-party beneficiaries, always in accordance with the provisions of the Trust deed and Italian inheritance law. With a Trust, it is in fact possible to benefit, whether in terms of income or final asset allocation, individuals outside the family in a confidential manner.