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How does the Trust work?
When the Trust is established, the Settlor transfers his assets to the
Trustee, who, from that point, administers and manages the assets; the
transfer in this case is not for money, as this is not a purchase, but,
legally speaking, a type of gift. Although the Trustee becomes the
holder of the assets, the duality of ownership remains, as the legal
system also recognises the Settlor's ownership rights. However, once
the Settlor has transferred the assets, he can declare: "Those assets
are no longer mine." The regulations for the establishment and
operation of the Trust are set down in the Declaration of Trust. The
beneficiaries are also named here, and typically the Settlor stipulates
that while he is alive, he will also be a beneficiary. In the event of
his death, however, the assets and/or the profit from the assets, must
be transferred to the Beneficiaries named in the Declaration of Trust,
in accordance with the conditions defined. In the event of the
unfortunate and tragic death of the Settlor, it is the job of the
Trustee to arrange matters in accordance with the Declaration, and to
see to it that the assets are transferred to the beneficiaries, and
that this is done correctly. It may be, for example, that the Settlor
stipulates certain conditions relating to the transfer; for instance,
children must come of age or must complete university studies, or his
widow must remarry etc.