Protection of Assets
The beneficiaries only own the assets in the trust if they are transferred to them by title or deed by the trustee. But, until that happens, they own nothing in the trust. They do however have rights to the benefits, proceeds and profits of the assets or properties, if the trustee allows it. One thing to remember is that the trustee is responsible for all the assets, and this is a spendthrift trust, meaning the beneficiaries only are allowed what is “given to them”, and it’s at the complete discretion of the trustee. So, when the trustee allows this access, it is called “beneficial interest”. This beneficial interest is contractually non-assignable interest, and it’s for that reason specifically that any creditor of the beneficiaries may never legally attach trust assets to a debt obligation of the beneficiary. Also, assets conveyed into a trust is never a “gift” to the trust. Because the assets in our trust hold no “equitable title”.