Inheritance, Probate & Wills · European Union
Structure and Defend a Trust That Works Across European Borders
Trusts are a common-law instrument, yet they are increasingly used by families, investors and entrepreneurs across Europe — where civil-law courts and tax authorities do not always recognise them in the same way. The result can be a structure that works beautifully in one country and confuses another. We match you, free of charge, with a vetted lawyer who understands trusts in a cross-border European context.
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Who this is for
A trust is a powerful tool — but its treatment varies sharply across Europe
A trust is an arrangement under which assets are held by one or more trustees for the benefit of named beneficiaries, governed by the trust deed and, in common-law tradition, by a substantial body of case law. It is used to manage family wealth, protect assets, plan for succession and provide for dependants over time. The challenge in Europe is that most continental legal systems are rooted in civil law and do not have a native concept of the trust, so a trust created under English, Irish or another common-law system may be understood, taxed and enforced very differently — or not at all — when trustees, assets or beneficiaries are located in a civil-law country. Getting the interaction between the trust and the surrounding legal and tax environment right is a specialist undertaking.
Why settlors and trustees get stuck
A trust drafted for one country can unravel in another.
The rules are rarely aligned.
Recognition, taxation and the forced heirship rights of local family members can all cut across what the trust deed appears to promise.
A civil-law country does not recognise the trust
Some European jurisdictions will not recognise a foreign trust in the way its settlor intended, or will reclassify the arrangement, which can undermine the very protections the trust was created to provide.
Tax treatment is unclear or unfavourable
How a trust and its distributions are taxed can differ dramatically between countries, and the residence of the settlor, trustees and beneficiaries all feed into a complex picture that is easy to get wrong.
Forced heirship claims cut across the trust
Relatives who would have a reserved share under local succession law may try to reach assets held in a trust. Whether they can succeed depends on which law applies and how the trust was structured.
What you get
A lawyer who sees the trust and the legal system around it
We only match you with lawyers who advise on trusts in a cross-border European context, together with the succession and tax rules that surround them.
Recognition assessed honestly
Your lawyer tells you plainly how the trust will be treated in each relevant country — whether it is recognised, reclassified or disregarded — before you rely on it for succession or asset protection.
Tax position mapped
Working with tax specialists where needed, your lawyer sets out how the trust, its income and its distributions are likely to be taxed for the settlor, trustees and beneficiaries in the countries involved.
Interaction with succession law
Your lawyer analyses how local forced heirship and inheritance rules apply to trust assets, so the structure is not undermined by a reserved-share claim you did not anticipate.
Trustees advised and protected
For trustees, your lawyer clarifies their duties and liabilities across borders, and helps ensure the trust is administered in a way that stands up in each relevant jurisdiction.
Coverage
Trust lawyers across Europe
Trust treatment depends on the country where the trust, its assets or its parties are situated, so the right lawyer practises in the relevant jurisdiction. We match trust and estate cases across the following countries and beyond:
Frequently asked
Trusts — common questions
What exactly is a trust?
A trust is a legal arrangement in which a settlor transfers assets to trustees, who hold and manage them for the benefit of named beneficiaries according to the terms of the trust deed. It separates legal ownership from the benefit of the assets, and is a product of the common-law tradition rather than most continental legal systems.
Are trusts recognised across Europe?
Recognition varies significantly. Common-law countries such as England, Wales and Ireland recognise trusts natively, while many civil-law countries have no direct equivalent and may reclassify or disregard a trust, though some have ratified conventions or adopted domestic rules that touch on them. A specialist will confirm how your trust is treated where it matters.
How are trusts taxed in Europe?
There is no single answer — taxation depends on the residence of the settlor, trustees and beneficiaries, the location of the assets, and the nature of the income or gains. Because the treatment differs so widely between countries, advice should be taken on the specific jurisdictions involved.
Can a trust protect assets from forced heirship claims?
A trust may offer some protection, but it is not automatic — local forced heirship rules can in some cases reach trust assets, depending on which law applies and how the trust was settled. Whether the structure holds depends on careful, jurisdiction-specific planning.
What is the difference between a trust and a will?
A will takes effect only on death and distributes assets outright, while a trust can take effect during the settlor’s lifetime or on death and holds assets for beneficiaries over time under the trustees’ management. They are often used together as part of an estate plan.
Should I use a trust for my family’s succession plan?
It depends on your assets, the countries involved and your objectives, including tax, protection and control over how and when beneficiaries receive assets. Because trusts are not uniformly recognised across Europe, you should take specialist advice before relying on one.
Free case review
Get the structure that holds up where your family actually lives
Tell us about the trust, the assets and the countries involved, and we’ll connect you with a lawyer who advises on trusts in a cross-border European context — free of charge, with no obligation to hire.