ST
Swiss Trustee

Trust Structuring & Establishment

From conception to implementation: we structure your trust in line with your wealth, family and tax objectives, within the Swiss regulatory framework.

Why structure a trust from Switzerland?

Switzerland has established itself as one of the most attractive jurisdictions for the administration of international trusts. Since ratifying the Hague Convention of 1985, trusts constituted under foreign law are fully recognised on Swiss territory. This recognition, combined with FINMA supervision and a rigorous regulatory framework, provides an environment of exceptional trust and security for families and international estates.

Swiss Trustee, a brand of Montaigne Trust Ltd, is a professional trustee licensed by FINMA and supervised by SO-FIT. Our Geneva-based team supports families in the design and implementation of trust structures tailored to their specific needs.

Our approach to structuring

Every trust is unique. Our structuring process begins with an in-depth analysis of your family, wealth and tax situation. We identify your objectives — whether succession planning, asset protection, family governance or philanthropy — and design a structure that addresses them optimally.

  • Objectives analysis: Confidential consultations to understand your family circumstances, the composition of your estate and your long-term wishes.
  • Choice of governing law: Recommendation of the most suitable law (English, Jersey, Guernsey, New Zealand, etc.) based on your objectives and the assets involved.
  • Trust deed drafting: Preparation of the trust deed in collaboration with specialist lawyers in the chosen jurisdiction, including distribution clauses, trustee powers and governance mechanisms.
  • Definition of the class of beneficiaries: Identification and documentation of current and potential beneficiaries, with appropriate flexibility clauses.
  • Asset transfer: Coordination of the transfer of assets to the trust, including bank account opening, securities transfer and restructuring of shareholdings.

Types of structures available

Depending on your needs, we can establish various types of trusts:

  • Discretionary trusts: The trustee has broad latitude to distribute assets to beneficiaries, offering maximum flexibility and protection.
  • Fixed trusts: Beneficiaries' entitlements are predetermined in the trust deed, offering certainty and predictability.
  • Revocable or irrevocable trusts: Depending on the degree of control desired by the settlor and the tax implications.
  • Private Trust Companies (PTC): For families wishing to participate actively in the governance of the trust.

Multidisciplinary coordination

Establishing a trust frequently involves legal, tax and banking considerations across multiple jurisdictions. Our team coordinates all stakeholders — tax lawyers, custodian banks, investment advisers and notaries — to ensure a smooth and compliant implementation. We work closely with your existing advisers while bringing our specific expertise in trust law and Swiss regulation.

Our presence in Geneva, at the heart of the Swiss financial centre, enables us to maintain privileged relationships with the leading banks and financial institutions, facilitating account opening and management of trust assets.

Frequently asked questions

How long does it take to establish a trust in Switzerland?
The process of establishing a trust administered from Switzerland typically takes between 4 and 8 weeks, depending on the complexity of the structure, the governing law chosen and the compliance checks required (KYC/AML).
Which governing law should be chosen for a trust administered in Switzerland?
The most commonly used laws are English law, Jersey law, Guernsey law and New Zealand law. The choice depends on the settlor's objectives, the nature of the assets and tax considerations. Our team guides you through this decision.
Do I need to be a Swiss resident to establish a trust administered in Switzerland?
No. A trust is an international instrument. The settlor and the beneficiaries can reside in any country. It is the trustee that is based in Switzerland, which provides the benefit of the Swiss regulatory framework and FINMA supervision.
What is the minimum amount to establish a trust?
There is no legal minimum. However, given the costs of structuring and administration, a trust administered by a professional trustee in Switzerland is generally suited to estates exceeding CHF 1 million.

Considering establishing a trust?

Contact our team for a confidential analysis of your situation and a personalised recommendation.

Request a confidential assessment