Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Trusts in Ireland, including in Kildare, are legal arrangements where a settlor places assets under the control of a trustee for the benefit of one or more beneficiaries. The trustee holds and manages those assets according to the trust deed and Irish law. In practice, trusts are used for family wealth planning, farm succession, and charitable purposes, among other objectives.
Key statutes guide how trusts operate in Ireland, including how trustees manage investments, distributions, and accounting duties. The deed that creates a trust sets out who administers the trust, who benefits, and how assets are to be managed over time. In Kildare, as elsewhere in Ireland, disputes or complex matters typically flow through Irish courts and regulatory bodies rather than local tribunals alone.
Common trust arrangements include inter vivos trusts (created during a person’s lifetime) and testamentary trusts (created by a Will). The governance framework requires careful drafting, funding of the trust with assets, and ongoing compliance with reporting and tax rules. An Irish solicitor or legal counsel can tailor a trust to reflect family and business goals while meeting regulatory standards.
Trusts are a private arrangement that allows a trustee to hold property on behalf of beneficiaries under a formal legal framework.Source: Citizens Information - Trusts and Wills (citizensinformation.ie)
A family farming business in Naas wants to pass land to the next generation while keeping farming operations funded and protected. A lawyer can draft a farm succession trust that preserves enterprise continuity and addresses agricultural relief considerations under Irish tax rules.
You have a vulnerable relative in Kildare and wish to provide ongoing financial support without affecting their welfare entitlements. A solicitor can set up a discretionary trust to manage funds for that person while meeting social welfare requirements.
There are multiple grandchildren in the family and you want to control distributions over time. A trust deed drafted by a lawyer can specify milestones and conditions for distributions, preventing disputes later.
Your spouse or business partner poses a potential creditor or divorce risk. A trust drafted by a solicitor can ring-fence assets and clarify ownership and control, reducing exposure to claims while enabling orderly succession planning.
You are coordinating an interim arrangement while resolving a complex family dispute over an estate in County Kildare. A lawyer can establish a court-approved trust or protective arrangements to preserve value and protect beneficiaries.
You intend to create a charitable trust for a community project in Leixlip or Naas. A solicitor can ensure compliance with the Charities Act and regulatory requirements while aligning governance with the charity’s mission.
The Irish framework for trusts rests on several core statutes and regulatory regimes. Trusts are governed by the Trustee Act 2000 and its amendments, which set out trustees' powers, duties, and investment standards. This Act is central to how trustees operate in Ireland, including in Kildare.
The Civil Law and Succession Act 1965, as amended, covers wills, estates, and succession matters that intersect with trusts, particularly for testamentary trusts. This Act helps determine how assets pass on death when a trust is involved or when a will creates a trust on intestacy.
Tax considerations for trusts are largely addressed within the Tax Consolidation Act 1997, particularly sections dealing with Capital Acquisitions Tax (CAT) and distributions from trusts. Irish residents in Kildare should consult a tax advisor to understand CAT thresholds and reliefs relevant to trust structures.
Trustees must comply with statutory duties, including prudent investment standards and proper accounting for trust funds.Source: Irish Statute Book - Trustee Act 2000 (irishstatutebook.ie)
A trust is a legal arrangement where a trustee holds assets for beneficiaries. Trustees can be individuals or corporate bodies, and they owe duties to manage assets in the best interests of beneficiaries under Irish law.
Consult a solicitor to discuss your goals and gather relevant documents. The solicitor will draft a trust deed, appoint trustees, and arrange funding of the trust with assets you specify.
A trustee must act in good faith, administer the trust honestly, invest prudently, keep accounts, and provide information to beneficiaries as required by the trust deed and law.
No, you can create an inter vivos trust during your lifetime or a testamentary trust through a Will. A Will may, however, create a testamentary trust upon death.
Costs vary with complexity, but typical solicitor fees for a straightforward trust range from €1,500 to €3,500, plus disbursements. Complex or charitable trusts may cost more.
A simple lifetime trust can take 2-6 weeks. More complex arrangements, especially involving tax planning or property transfers, may take 2-3 months.
Amendment or revocation depends on the trust type and deed terms. Inter vivos trusts can be amended, while many irrevocable trusts require legal steps or court approval.
No. Irish law governs the trust, but you may need local counsel for administration and compliance with Irish regulations.
A discretionary trust gives trustees discretion over distributions to beneficiaries, within the limits set in the trust deed. This structure is common for family succession planning.
Trusts can be subject to Capital Acquisitions Tax and income tax on trust distributions. A qualified Irish solicitor or tax adviser can tailor structures to minimize unintended tax liability.
Yes. A farm succession trust can separate management and ownership while preserving agricultural use, potentially providing tax efficiencies and continuity for farming families.
Identify your goals and the type of trust that best fits your needs, preferably with a local Kildare solicitor who handles trusts regularly.
Gather key documents and information about assets you plan to place in the trust, including titles, valuations, and existing wills or agreements.
Obtain an initial consultation to discuss structure, trustees, and potential tax implications specific to County Kildare residents.
Have the solicitor draft the trust deed and arrange for funding of the trust with the chosen assets.
Complete any required regulatory registrations (for charitable trusts) and ensure compliance with CAT and other tax rules.
Finalize execution, sign the deed, and fund the trust. Schedule periodic reviews with your solicitor to adjust the structure as needed.
Plan an annual review to account for changes in family circumstances, assets, or Irish law, and update the trust accordingly.
Lawzana helps you find the best lawyers and law firms in Kildare through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trusts, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Kildare, Ireland — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
