BMO Delaware Trust Company

There’s a story behind every trust that encompasses life goals, personal history and complex family dynamics. This means there’s no one answer that’s right for every trust. We help affluent families navigate complex issues and propose solutions made possible through Delaware trusts.

Why Delaware?

The whole is greater than the sum of its parts.

Whether you’re looking to create a new trust or modify and move an existing one, it’s the collective possibilities of Delaware trust law that make it an attractive option. With a tested direction trust statute backed by extensive experience in the region, our team can help you take advantage of a number of planning opportunities, including:

No Delaware income tax for non-resident trust beneficiaries
Strategies to modify irrevocable trusts, such as decantings, mergers and non-judicial settlement agreements
No limitations on the duration of trusts, except when trusts hold real estate directly
Well-established and flexible "total return" and power to adjust statutes
An enforceable and tested spendthrift statute
Asset Protection Trusts through the Qualified Dispositions in Trust Act
Confidentiality through silent trusts

We offer a local, boutique approach to trust administration backed by the experience and efficiency of BMO Financial Group, one of North America’s premier financial services organizations.

A tailored approach

We get to the heart of your unique challenges, from sensitive family dynamics to business succession planning. That means no pre-built solutions.

A commitment to direct access

Delaware trust law can get complicated. We give you direct access to the resources that can guide you through the nuances and intricacies.

A passion for collaboration

Partnering with our clients is a given. But we go a step further by collaborating closely with advisors to get the best outcomes possible.

Our services

Trustee service offerings

We work with co-fiduciaries and family offices to ensure you have the services that make the most sense for you. Our options range from full trustee services that include investments to more straightforward choices like directed and administrative trustee services.

Confidentiality and quiet trusts

In Delaware, a trust’s existence, terms and assets are all private and off the public record. We can help you set up a special offering available in the state called a quiet trust. As the name suggests, it restricts a beneficiary from knowing about the trust for a period of time. This makes quiet trusts advantageous in many situations, including:

Parents or grandparents who don’t want a trust to disincentivize their young beneficiaries from working or finishing school
Families who are concerned their children may not be careful with their trust information while living in a dorm or with roommates
Individuals who want to create trusts for family members, but also want to address lifestyle management issues

Creditor protection strategies and asset protection trusts

We help preserve and protect assets through a variety of creditor protection strategies and irrevocable trusts. These offerings are geared towards specific types of clients, including:

Individuals in high-risk professions like physicians, attorneys and private pilots
Trustees and officers serving on corporate and charitable boards
Business owners
Clients who are interested in doing prenuptial planning
Individuals who qualify and are interested in strategies that help mitigate income tax and creditor risk
Those who want to create irrevocable trusts for their family with assets that are excluded from their estate—with the added potential of securing state income tax savings

Modification strategies

Part of what makes Delaware appealing is the opportunity to modify existing trusts to meet you and your family’s current needs. We can work with your legal advisor to develop a strategy that’s appropriate for you and your family, including non-judicial settlement agreements, mergers, decantings and consent petitions.

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