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THE PRIVATE TRUST: A Powerful Shield Against the System

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Understanding Trust Law, Equity, and True Asset Protection


INTRODUCTION: The Knowledge They Don't Want You to Have

Wealthy families have used private trusts for centuries to protect their assets, avoid taxation, and build generational wealth. Yet this knowledge remains hidden from the general population, obscured by a legal profession that operates as a control mechanism for the statutory system.


This blog will explain:

  • What trust law actually is and where it sits in the legal hierarchy

  • How private express trusts protect your assets

  • Why trusts avoid inheritance tax (legally and lawfully)

  • Why you cannot get "legal advice" on private trusts

  • Why your Will isn't what you think it is


By the end, you'll understand the single most powerful tool for protecting what's yours: the private express trust.


PART 1: THE LEGAL HIERARCHY - WHERE EQUITY SITS


Three Tiers of Law in England

The English legal system operates on three distinct levels, each with different origins, principles, and purposes:


1. STATUTE LAW (Bottom Tier)

  • Created by Parliament (legislation)

  • Applies to "persons" (legal fictions - corporations, statutory entities)

  • Most recent creation (centuries old, constantly changing)

  • Based on policy, revenue collection, and social control

  • Enforced through courts, police, and administrative bodies


2. COMMON LAW (Middle Tier)

  • Ancient law of the land

  • Based on precedent and custom

  • Protects natural rights and liberties

  • Trial by jury, presumption of innocence, due process

  • Applies to living people in their natural capacity


3. EQUITY LAW (Top Tier)

  • Highest form of law in English system

  • Based on conscience, fairness, and natural justice

  • Developed by Courts of Chancery (separate from common law courts)

  • Includes trust law, fiduciary principles, and equitable maxims

  • Where statute and equity conflict, EQUITY PREVAILS


The Critical Principle: Equity Over Statute

This is not theory. This is established legal hierarchy:


"Where there is conflict between equity and statute, equity prevails."

Why? Because equity is based on natural justice and conscience, while statute is based on policy and control.


Trust law exists in equity. This means:

  • Trust law supersedes statutory law where they conflict

  • Trusts operate under different rules than statutory entities

  • Beneficial ownership (equity) trumps legal title (statute)

  • Equity protects what is RIGHT, not merely what is LEGAL


This is why the wealthy use trusts. They operate at a higher level of law than the statutory system that controls everyone else.


PART 2: WHAT IS A TRUST?

The Basic Structure

A trust is a legal arrangement where:

LEGAL TITLE (bare ownership) is held by a TRUSTEE BENEFICIAL OWNERSHIP (real ownership) is held by BENEFICIARY


Think of it like this:

  • The trustee holds the KEY (legal title)

  • The beneficiary owns the HOUSE (beneficial interest)

  • The trustee has duties to the beneficiary

  • The beneficiary gets all the benefit


The Three Certainties (Knight v Knight 1840)

For a valid trust to exist, three certainties are required:


1. CERTAINTY OF INTENTION

  • Clear intention to create a trust

  • Not accidental or implied

  • Must be deliberately declared


2. CERTAINTY OF SUBJECT MATTER

  • The trust property must be clearly identified

  • "All my property" = certain

  • "Some of my property" = uncertain, fails


3. CERTAINTY OF OBJECTS

  • The beneficiaries must be identified or identifiable

  • Can be named individuals

  • Can be described class (e.g., "my children")

  • Must be certain who benefits


Without all three certainties, no valid trust exists.


This becomes important when we examine what the STATE cannot prove about any claimed statutory trust.


PART 3: TYPES OF TRUSTS - THE CRITICAL DISTINCTION


Express Trusts vs. Statutory "Trusts"

There are fundamentally different categories of trusts:


EXPRESS TRUSTS (Real Trusts)

  • Deliberately created by a settlor (creator)

  • Written declaration setting out terms

  • Voluntary acceptance by trustee (cannot be imposed)

  • Private (not registered with any authority)

  • Protected by equity law (highest tier)

  • Governed by trust deed (not by statute)


STATUTORY TRUSTS (Fake Trusts)

  • Created by legislation (e.g., pension schemes, bankruptcies)

  • Imposed by law (no voluntary acceptance)

  • Regulated by statute (controlled by system)

  • Registered (visible to authorities)

  • Subject to statutory interference

  • Not true equity trusts


KEY DIFFERENCE:

An express trust is PRIVATE - created by private individuals in the realm of equity, outside statutory control.


A statutory trust is PUBLIC - created by legislation, subject to state control.


What Does "Private" Actually Mean?


This is crucial. PRIVATE means:


1. NOT STATUTORY

  • Not created by or subject to statute

  • Not registered with Companies House, HMRC, or any public body

  • Not a "person" under Interpretation Acts

  • Outside statutory jurisdiction unless contract exists


2. NOT PUBLIC

  • Not open to public scrutiny

  • Records not filed with authorities

  • Affairs not disclosed to government

  • Confidential between parties


3. EQUITY-BASED

  • Operates under equity law (top tier)

  • Protected by equitable principles

  • Enforced through equity, not statute

  • Supersedes statutory claims where they conflict


4. CONSENSUAL

  • All parties participate voluntarily

  • No imposed obligations

  • Governed by trust deed terms

  • Not by external regulation


When you create a PRIVATE EXPRESS TRUST, you are:

  • Operating at the highest level of English law (equity)

  • Outside statutory jurisdiction (unless you contract into it)

  • Protected by ancient principles that predate modern government

  • In the same legal framework used by aristocracy for centuries


This is why "trusts" created by solicitors are often useless. They create statutory trusts (registered, regulated, controlled) rather than private express trusts.


PART 4: HOW A PRIVATE TRUST PROTECTS YOUR ASSETS


The Separation Principle


When you place assets in a private express trust:

BEFORE TRUST:

  • You (living being) hold property in your name

  • Legal title appears in your name or associated legal person

  • Creditors, courts, tax authorities can make claims

  • Property vulnerable to seizure, taxation, court orders

AFTER TRUST:

  • TRUSTEE holds legal title (bare ownership only)

  • YOU (as beneficiary) hold beneficial ownership (real ownership)

  • SEPARATION protects the property


Why This Protects You


1. BENEFICIAL OWNERSHIP IS PROTECTED

Under trust law, beneficial interest is superior to legal title.

If a creditor, court, or tax authority has a claim against:

  • You personally, OR

  • A legal person associated with you (e.g., your all-caps NAME)

They must prove:

  • That YOU are the legal person (impossible - category error), OR

  • That valid agency contract exists (impossible - doesn't exist), OR

  • That you hold property as trustee FOR the legal person (impossible - you never accepted such trust)

Without this proof, they cannot reach the beneficial property.


2. CLAIMS AGAINST TRUSTEES STOP AT LEGAL TITLE

If trustees are sued or face claims IN THEIR TRUSTEE CAPACITY:

  • Claims attach to the trust, not trustees personally

  • Trustees not personally liable (unless breach of duty)

  • Beneficial interest remains protected

  • Trust continues regardless


3. EQUITY MAXIMS PROVIDE SHIELDS

The trust is protected by ancient equity principles:


"Equity will not compel acceptance of a trust"

  • Trusteeship cannot be imposed

  • Living being cannot be forced to act as trustee for legal person

  • Any claimed statutory trust must prove voluntary acceptance

  • (Cannot be proven - never occurred)


"He who seeks equity must do equity"

  • Claimant must come with clean hands

  • Must have provided full disclosure

  • System never disclosed person/living being distinction

  • Therefore: no equity available to statutory claimant


"Fraud vitiates everything"

  • Deliberate conflation of person/living being = fraud

  • Voids any purported obligation

  • Lazarus Estates v Beasley [1956]


"Equality is equity"

  • Both parties must have equal knowledge

  • System has knowledge, population doesn't

  • Asymmetric information = unconscionable

  • No enforceable obligation from unequal relationship


4. RESULTING TRUST PRINCIPLE

If beneficial ownership is unclear or a transfer fails:

  • Beneficial interest "results back" to original owner

  • Never disappears

  • Westdeutsche Landesbank v Islington [1996]


Applied to your property:

  • You never clearly transferred beneficial ownership to any statutory entity

  • Therefore beneficial interest remains with you

  • Even if legal title appears in statutory name

  • Burden on claimant to prove transfer occurred (cannot be met)


PART 5: INHERITANCE TAX - WHY TRUSTS AVOID IT


The Inheritance Tax Trap

When you die owning property in your personal name:

  • "Estate" is valued

  • Inheritance Tax (IHT) charged at 40% above threshold (currently £325,000)

  • Executors must pay before distributing to heirs

  • Property may need to be sold to pay tax

  • Government takes huge cut


Example:

  • Estate worth £1,000,000

  • Threshold: £325,000

  • Taxable: £675,000

  • IHT due: £270,000 (40% of £675,000)


Government takes £270,000 of what you spent lifetime building.


Why Trusts Avoid Inheritance Tax


CRITICAL PRINCIPLE: You cannot be taxed on property you don't own.


When property is in a private express trust:

1. YOU DON'T OWN IT (Legally)

  • Trustee holds legal title

  • Beneficiaries hold beneficial interest

  • YOU (as individual) own nothing


2. NO ESTATE TO TAX

  • At death, there's no property in your name

  • Nothing to include in "estate"

  • No IHT triggered


3. TRUST CONTINUES

  • Trust exists independently of any individual

  • Can exist perpetually (or for very long periods)

  • Property transfers to successor trustees

  • Beneficiaries continue receiving benefit

  • No inheritance event occurs


4. STATUTORY BASIS FOR IHT

Inheritance Tax is STATUTORY (Inheritance Tax Act 1984).

Statutes apply to "persons" (legal fictions).

Private trusts exist in EQUITY (higher law).

Where they conflict, equity prevails.


The trust property is:

  • Not owned by a "person" (owned beneficially by living beings)

  • Not subject to statutory taxation schemes (absent contract)

  • Protected by equity law


The Perpetual Wealth Machine


This is how aristocratic families maintain wealth for centuries:


GENERATION 1:

  • Creates private express trust

  • Places property in trust

  • Names children as beneficiaries


GENERATION 2:

  • Receives beneficial interest

  • Becomes trustee for Generation 3

  • No IHT event (no inheritance)

  • Property remains in trust


GENERATION 3, 4, 5... FOREVER:

  • Same pattern

  • Property never "inherited"

  • No IHT ever paid

  • Wealth compounds over centuries


Meanwhile, the working class:

  • Pays IHT every generation

  • Loses 40% of estate each time

  • Wealth never compounds

  • Stays poor


This is deliberate systemic extraction.


PART 6: BENEFITS OF PRIVATE TRUSTS


1. Asset Protection

FROM:

  • Creditors (unless valid claim against trust itself)

  • Lawsuits (personal liability separate from trust)

  • Divorce settlements (if properly structured)

  • Statutory seizure (without proven jurisdiction)

  • Tax demands (without proven contract)

HOW:

  • Separation of beneficial ownership from legal title

  • Living being is beneficiary, not owner

  • Claims against individual don't reach trust property


2. Privacy

PRIVATE EXPRESS TRUSTS:

  • Not registered with any authority

  • No public filing requirements

  • Affairs confidential between parties

  • No disclosure to HMRC, Companies House, etc.

VS. STATUTORY ENTITIES:

  • Companies: public filings, accounts, ownership visible

  • Registered trusts: disclosed to HMRC

  • Wills: become public after probate

  • Bank accounts: reported to authorities

Privacy = protection from targeting.


3. Control

AS TRUSTEE-BENEFICIARY:

  • You control the property (trustee role)

  • You benefit from the property (beneficiary role)

  • You set the rules (trust deed)

  • No external interference (absent proven jurisdiction)

VS. DIRECT OWNERSHIP:

  • Subject to statutory regulations

  • Vulnerable to court orders

  • Taxed on ownership

  • Loss of control through legal claims


4. Perpetual Legacy

TRUST CAN EXIST:

  • For many generations

  • Potentially perpetually (depending on jurisdiction/structure)

  • Beyond individual lifetimes

  • Protecting family wealth indefinitely

BENEFITS TO DESCENDANTS:

  • Automatic provision (no inheritance process)

  • Protected from their creditors/divorces

  • Continuous beneficial interest

  • Wealth preservation across time

YOUR LEGACY:

  • Not destroyed by IHT

  • Not vulnerable to individual mistakes

  • Structured for long-term benefit

  • True generational wealth


5. Flexibility

TRUST DEED CAN PROVIDE:

  • Conditions for beneficial use (education, merit-based)

  • Income distributions on trustee discretion

  • Protection for minors until maturity

  • Provisions for future unknown beneficiaries

  • Adaptation to changing circumstances


6. Equity Law Protection

OPERATING IN EQUITY:

  • Highest tier of English law

  • Supersedes statute where they conflict

  • Based on conscience and fairness

  • Centuries of protective precedent

  • Not subject to arbitrary statutory changes


PART 7: WHY YOU CANNOT GET "LEGAL ADVICE" ON PRIVATE TRUSTS


The Legal Profession: Statutory Control Mechanism


This is critical to understand:

SOLICITORS ARE STATUTORY CREATIONS


Under the Solicitors Act 1974 and Legal Services Act 2007:

  • Solicitors are "persons" (legal fictions)

  • Licensed by Solicitors Regulation Authority (SRA)

  • Subject to statutory regulations

  • Operate within statutory framework

  • Cannot advise on exiting statutory jurisdiction


The Conflict of Interest

A solicitor advising on private trusts faces fundamental conflict:


THEIR DUTY TO THE SYSTEM:

  • Maintain statutory framework

  • Ensure clients remain within jurisdiction

  • Report suspicious activity to authorities

  • Comply with money laundering regulations

  • Not facilitate "tax avoidance" (their definition)


YOUR INTEREST:

  • Exit statutory jurisdiction

  • Protect assets from statutory claims

  • Operate in private, equity-based framework

  • Avoid taxation where no contract exists


THESE ARE INCOMPATIBLE.


What Solicitors Will Do

When you ask a solicitor about "asset protection trusts":


THEY WILL CREATE:

  • Registered trusts (visible to HMRC)

  • Statutory trusts (subject to government control)

  • Trusts with "settlor-interested" provisions (trigger tax)

  • Complex structures still within statutory jurisdiction


THEY WILL NOT CREATE:

  • True private express trusts

  • Unregistered equity-based structures

  • Trusts explicitly outside statutory jurisdiction

  • Structures based on person/living being distinction


WHY?

  • Professional regulations forbid it

  • Risk losing license

  • "Facilitating tax evasion" allegations

  • Against the system they serve


The Education Gap


WHAT SOLICITORS LEARN:

  • Statutory law (primarily)

  • How to operate within the system

  • How to comply with regulations

  • How to serve statutory purposes


WHAT SOLICITORS DON'T LEARN:

  • True equity principles vs. statutory overlay

  • Person/living being distinction

  • How to exit statutory jurisdiction

  • Private trust creation outside registration


THEY ARE TRAINED AS SYSTEM ENFORCERS, NOT LIBERATORS.


"Legal Advice" Is Statutory Advice

The phrase "legal advice" itself reveals the limitation:

"LEGAL" = statutory, within the system, compliant with regulations


NOT:

  • Equitable advice

  • Natural law advice

  • Private arrangement advice

  • Freedom-based structuring


When you seek "legal advice," you're asking a statutory professional how to operate within statutory framework.


You cannot ask a prison guard how to escape the prison.


Who CAN Help With Private Trusts?


NOT:

  • Solicitors (statutory officers)

  • Barristers (officers of the court)

  • Accountants (registered statutory professionals)

  • Financial advisors (regulated entities)


YES:

  • Trust consultants operating in private capacity

  • Educated individuals who understand equity law

  • Mentors working outside statutory framework

  • Yourself, with proper education


THE KEY: The person helping you must:

  • Understand equity law and trust principles

  • Recognize person/living being distinction

  • Operate in PRIVATE capacity as living being

  • NOT be licensed/regulated statutory professional


You cannot get advice from the system about how to exit the system.


PART 8: WILLS - NOT WHAT YOU THINK


The Will Deception

Most people believe a Will:

  • Distributes your property after death

  • Protects your estate

  • Ensures wishes are followed


ALL FALSE.


What Actually Happens With a Will


1. PROBATE (PUBLIC PROCESS)

  • Will filed with Probate Registry

  • Becomes public document (anyone can read it)

  • Court process required

  • Delays (months to years)

  • Expensive (legal fees, court fees)


2. STATUTORY CONTROL

  • Estate becomes "res" (legal thing)

  • Court has jurisdiction over distribution

  • Executors are officers of the court

  • Subject to statutory rules

  • State oversees entire process


3. INHERITANCE TAX TRIGGERED

  • Estate valued at death

  • IHT charged at 40% (above threshold)

  • Must be paid before distribution

  • Property may need selling

  • Heirs wait for tax clearance


4. WILL CAN BE CHALLENGED

  • Family members can contest

  • Court decides validity

  • Your wishes can be overridden

  • "Reasonable provision" claims

  • Inheritance Act 1975 allows court to rewrite your will


5. PROPERTY IN YOUR NAME = VULNERABLE

  • All property in your name included in estate

  • Subject to creditor claims

  • Subject to court jurisdiction

  • Subject to statutory distribution rules

  • Subject to inheritance tax


The Historical Origin of Wills

Wills have ancient origin but were captured by statutory system:

ORIGINALLY:

  • Private document expressing wishes

  • Distributed property under natural law

  • Family/community enforced

NOW:

  • Statutory instrument (Wills Act 1837)

  • Requires probate (court process)

  • Subject to statutory interpretation

  • State has final say


Your Will became a STATE INSTRUMENT, not a private document.


Why Wealthy Families Don't Use Wills

THEY USE TRUSTS INSTEAD:

When property is in trust:

  • No probate needed (trust continues)

  • No public disclosure (private)

  • No inheritance tax (no inheritance event)

  • No court jurisdiction (equity, not statute)

  • Smooth succession (to successor trustees)

  • Wishes followed (trust deed governs)

A Will is for those who don't understand trusts.


The "Last Will and Testament" Phrase

Even the language reveals the trap:

"TESTAMENT" = testimony, bearing witness, making declaration


TO WHOM?

To the STATE. To the COURT.

A Will is your testimony to the statutory system about how your property should be distributed under their rules.

It's a voluntary submission to probate jurisdiction.


What To Do Instead


CREATE PRIVATE EXPRESS TRUST:


DURING LIFE:

  • Place all property in trust

  • You are trustee-beneficiary (control + benefit)

  • Trust deed specifies successor trustees and beneficiaries

  • Everything outside your personal name


AT DEATH:

  • Trust continues automatically

  • Successor trustee takes over

  • Beneficiaries continue receiving benefit

  • No probate, no IHT, no court

  • Your wishes (in trust deed) govern


NO WILL NEEDED.


Property never "passes" because it was never in your personal ownership (legally).

This is how generational wealth works.


PART 9: CREATING A PRIVATE EXPRESS TRUST


Essential Elements

1. SETTLOR (Creator)

  • Living being creating the trust

  • Declares intention to create trust

  • Identifies property and beneficiaries

  • Signs trust deed in private capacity


2. TRUSTEE (Legal Title Holder)

  • Holds legal title to property

  • Owes fiduciary duties to beneficiaries

  • Manages property per trust deed

  • Can be same as settlor (settlor-trustee structure)


3. BENEFICIARY (Beneficial Owner)

  • Holds equitable/beneficial interest

  • Receives benefit from trust property

  • Can be same as settlor (settlor-beneficiary structure)

  • Real owner in equity


4. TRUST PROPERTY

  • Clearly identified assets

  • Can be land, money, goods, intellectual property

  • Must be certain (certainty of subject matter)


5. TRUST DEED

  • Written declaration establishing trust

  • Sets out terms, purposes, rules

  • Specifies trustee powers and duties

  • Identifies beneficiaries

  • Governs trust operation


The Settlor-Trustee-Beneficiary Structure


MOST POWERFUL CONFIGURATION:


YOU are:

  • Settlor (creator) - establish the trust

  • Trustee (manager) - control the property

  • Beneficiary (owner) - benefit from property


LEGAL POSITION:

  • Legal title: held by you as TRUSTEE

  • Beneficial ownership: held by you as BENEFICIARY

  • Control: complete (trustee powers)

  • Benefit: complete (beneficiary interest)


PROTECTION:

  • Claims against YOU PERSONALLY don't reach trust property

  • Claims against legal person (NAME) don't reach beneficial interest

  • Trust operates in equity (supersedes statute)

  • No statutory jurisdiction without proven contract


AT DEATH:

  • Successor trustee named in trust deed takes over

  • You cease being trustee (death)

  • But trust continues

  • Other beneficiaries (children) now primary beneficiaries

  • No probate, no IHT


What Goes In The Trust?

LAND/PROPERTY:

  • Home

  • Investment properties

  • Land holdings


BUSINESS ASSETS:

  • Trading equipment

  • Vehicles

  • Intellectual property

  • Goodwill


FINANCIAL:

  • Bank accounts (in trust name)

  • Investments

  • Income streams


PERSONAL:

  • Valuables

  • Collections

  • Anything you want protected


RIGHTS:

  • Beneficial ownership of life, liberty, labor

  • Natural rights

  • Right to peaceful use of property


Trust Deed Provisions

MUST INCLUDE:

  • Name of trust

  • Identity of settlor, trustee(s), beneficiaries

  • Trust property description

  • Trust purposes

  • Trustee powers and duties

  • Beneficiary rights

  • Succession provisions

  • Amendment/termination provisions

  • Dispute resolution (private, not court)

  • Jurisdictional clauses (equity, not statute)


SHOULD INCLUDE:

  • Person/living being distinction declarations

  • Beneficial ownership statements

  • No agency/no statutory trust declarations

  • Equity maxims for protection

  • Conditional acceptance upon proof clauses

  • Duress acknowledgment for statutory interface


Registration? NO.

CRITICAL:

DO NOT REGISTER THE TRUST.


PRIVATE means PRIVATE.

  • No filing with Companies House

  • No registration with HMRC

  • No disclosure to authorities

  • No public record


EXCEPTION: If trust holds land and you want legal title registered at Land Registry:

  • Register legal title in TRUSTEE name

  • Trust itself remains private

  • Property held "on trust" (can be noted)

  • But trust deed not filed publicly


The less the statutory system knows about your trust, the better.


PART 10: OPERATING THE TRUST

Day-to-Day Management

AS TRUSTEE:

  • Manage property prudently

  • Act in beneficiaries' best interests

  • Keep records

  • Make decisions per trust deed

  • Exercise trustee powers

AS BENEFICIARY:

  • Enjoy beneficial use of property

  • Receive distributions

  • Request accountings

  • Hold trustees to fiduciary duties


Bank Accounts

TRUST BANK ACCOUNT:

  • Opened in trust name

  • "XYZ Trust - Trustees of XYZ Trust"

  • NOT in personal name

  • Trustee(s) are signatories


INTERFACE WITH BANKS:

  • Banks may request trust deed (provide)

  • May request identification (provide as trustee, not personally)

  • Explain: private express trust, not registered


IF BANK DEMANDS REGISTRATION:

  • Refuse (not required for private trusts)

  • Find different bank

  • Private banks more understanding

  • Or operate in cash/alternatives


Income and Taxation

TRUST POSITION:

  • Trust is NOT a "person" (legal fiction)

  • Trust is NOT a taxable entity (statutory creation)

  • Trust operates in equity, outside statutory jurisdiction

  • No contract for taxation exists


PRACTICAL REALITY:

  • System may demand tax filings

  • Trustees may choose conditional compliance under duress

  • Always with reservation of rights

  • Always challenging jurisdiction


DISTRIBUTIONS TO BENEFICIARIES:

  • Not "income" (exercising beneficial ownership)

  • Not "gifts" (already own it beneficially)

  • Not taxable events (equity transactions)


Dealing With Authorities


IF STATUTORY BODY MAKES DEMANDS:

USE CONDITIONAL ACCEPTANCE:

"Conditional acceptance upon verified proof of:
1. That living beings named are legal persons (prove ontologically)
2. That valid agency contracts exist (produce signed contracts)
3. That this trust has consented to statutory jurisdiction (produce consent)

Upon proof, we will consider your demand.
Without proof, demand is rejected for lack of jurisdiction.
All rights reserved without prejudice."

DOCUMENT EVERYTHING:

  • All demands received

  • All challenges issued

  • All reservations of rights

  • All evidence of duress


IF FORCE THREATENED:

  • Consider tactical compliance under duress

  • Explicitly state duress and reservation

  • Never concede jurisdiction

  • Preserve legal position


Record Keeping

TRUSTEES MUST MAINTAIN:

  • Trust deed (original and copies)

  • Property inventories

  • Financial records

  • Meeting minutes

  • Decisions and resolutions

  • Correspondence with authorities

  • Jurisdictional challenges


BENEFICIARIES ENTITLED TO:

  • Annual accountings

  • Inspection of records

  • Information about trust property

  • Explanations of trustee decisions


Succession Planning

IN TRUST DEED:

  • Name successor trustees

  • Specify selection process

  • Set qualifications

  • Provide for contingencies


UPON TRUSTEE DEATH/RESIGNATION:

  • Successor takes over automatically

  • Trust continues uninterrupted

  • No probate, no court

  • No inheritance tax

  • Smooth transition


THIS IS THE POWER OF PERPETUAL LEGACY.


PART 11: COMMON QUESTIONS

"Is this legal?"

TRUSTS ARE ANCIENT LAW.

Trust law predates modern statutes by centuries. Private express trusts are fundamental equity law.


The question reveals conditioning: assuming you need STATE PERMISSION for private arrangements.


You don't.


Living beings can create private trusts under equity law. This is lawful regardless of what statute says, because equity supersedes statute.


"Won't I get in trouble?"

FOR WHAT?

  • Creating a trust? (Ancient right)

  • Protecting your assets? (Lawful in equity)

  • Separating beneficial ownership from legal title? (Standard trust principle)

  • Operating outside statutory jurisdiction? (No contract requires your presence within it)


The "trouble" comes from:

  • Operating ignorantly within statutory jurisdiction

  • Accepting personhood presumptions

  • Failing to challenge jurisdiction

  • Not understanding your rights


Knowledge and proper process = protection.


"What if courts don't recognize it?"


EQUITY COURTS RECOGNIZE EQUITY TRUSTS.

If you properly create a private express trust meeting the three certainties, it is valid in equity.


STATUTORY COURTS may not recognize it IF:

  • They operate on presumption

  • You fail to challenge jurisdiction properly

  • You accept their authority without proof


BUT:

  • Courts currently operate on force, not law

  • Their recognition or lack thereof doesn't change legal validity

  • Equity exists independent of statutory acceptance


"Can't the government just change the law?"

PARLIAMENT CAN PASS STATUTES.

But statutes:

  • Apply to "persons" (legal fictions)

  • Don't bind living beings absent contract

  • Cannot override equity where they conflict

  • Cannot reach beneficial ownership without proof

EQUITY LAW is not statutory.

It predates Parliament. It's based on conscience and natural justice.

While statutory overlay exists (Trustee Acts, etc.), core equity principles remain.


"Why don't more people do this?"

THREE REASONS:

1. IGNORANCE

  • Not taught in schools

  • Hidden by legal profession

  • Conditioning prevents curiosity

2. FEAR

  • "Get in trouble"

  • "Government will come after me"

  • "Too complicated"

3. COST

  • Solicitors charge thousands

  • Creates barrier to entry

  • Wealthy can afford, poor cannot


BUT: With proper education, you can create your own trust.


The barrier is information, not law.


PART 12: THE BIGGER PICTURE


Why This Matters

SYSTEMIC EXTRACTION:

The statutory system extracts wealth from the population through:

1. INCOME TAX (on labor - violates natural right to fruits of labor)

2. VAT/SALES TAX (on transactions - taxes exchange itself)

3. COUNCIL TAX (on property you "own" - proves you don't own it)

4. INHERITANCE TAX (40% every generation - prevents wealth accumulation)

5. REGULATIONS (licensing, permits, compliance - constant fees)


RESULT:

  • Working class never accumulates wealth

  • Each generation starts over

  • Perpetual dependency on system

  • Middle class debt-trapped

  • Only wealthy families compound wealth


HOW DO WEALTHY FAMILIES AVOID THIS?


TRUSTS.


They operate outside the extraction mechanism.


The Two-Tier System

TIER 1: STATUTORY PERSONS (Most People)

  • Subject to taxation

  • Regulated and controlled

  • Property vulnerable

  • Wealth extracted each generation

  • Perpetual debt

  • "Public" life


TIER 2: PRIVATE TRUSTS (Wealthy)

  • Outside taxation (legally)

  • Self-regulated

  • Property protected

  • Wealth compounds perpetually

  • No debt

  • Private life


THIS IS BY DESIGN.

The system maintains two sets of rules:

  • One for those who know (wealthy)

  • One for those who don't (everyone else)


Education is the bridge between tiers.


Natural Law vs. Statutory Control

NATURAL LAW:

  • Based on harm principle

  • No victim = no crime

  • Property rights sacred

  • Self-ownership fundamental

  • Voluntary interaction only


STATUTORY LAW:

  • Based on policy and control

  • Crimes without victims

  • Property subject to state claims

  • Self-ownership denied

  • Forced compliance


TRUSTS ALLOW OPERATION IN NATURAL LAW FRAMEWORK:

  • Private arrangements

  • Voluntary structure

  • No harm to others

  • Outside statutory control (where no contract)


This is freedom within law.


The Awakening

Once you understand:

  • Person ≠ living being

  • Statutes apply to persons

  • You're not a person

  • Trusts protect beneficial ownership

  • Equity supersedes statute


Everything changes.

You see:

  • The cage you were in

  • The extraction mechanism

  • The deception

  • The way out


And you cannot unsee it.


What You Can Do

1. EDUCATE YOURSELF

  • Study trust law

  • Understand equity principles

  • Learn person/living being distinction

  • Read trust deed examples


2. CREATE YOUR TRUST

  • Draft trust deed (don't use solicitor)

  • Identify property, trustees, beneficiaries

  • Sign and execute properly

  • Keep private


3. TRANSFER ASSETS

  • Move property into trust

  • Register legal title with trustee name (if needed)

  • Retain beneficial ownership

  • Document everything


4. OPERATE IN TRUST CAPACITY

  • Bank accounts in trust name

  • Contracts signed as trustee

  • Separate personal from trust

  • Maintain records


5. CHALLENGE JURISDICTION

  • Demand proof when authorities make claims

  • Use conditional acceptance

  • Reserve all rights

  • Document duress if forced to comply


6. EDUCATE OTHERS

  • Share this knowledge

  • Help family and friends

  • Build community

  • Break the conditioning


CONCLUSION: The Power Is Yours

For centuries, wealthy families have used private trusts to:

  • Protect their assets

  • Avoid taxation

  • Build generational wealth

  • Operate outside statutory control


This knowledge was deliberately hidden from the general population.

The legal profession operates as gatekeepers, ensuring only those who pay exorbitant fees (and then often get statutory trusts instead of true private ones) access this protection.


But the law itself is not hidden.

Trust law exists in equity. Equity is available to all living beings.


You do not need:

  • Permission from the state

  • Approval from solicitors

  • Registration with authorities

  • Special status or privilege


You need only:

  • Understanding of the principles

  • Properly executed trust deed

  • Willingness to operate in private

  • Courage to challenge presumed jurisdiction


A private express trust is:

  • ✅ Your shield against systemic extraction

  • ✅ Your path to true asset protection

  • ✅ Your vehicle for generational wealth

  • ✅ Your framework for private, peaceful operation

  • ✅ Your reclamation of equity law rights


The question is not "Can I do this?"

The question is "Will I?"


The cage door was never locked.

You just thought it was.

All rights reserved. Without prejudice. Without recourse.


This information is for educational purposes. Each living being is responsible for their own research, decisions, and actions. This is not "legal advice" (statutory advice from regulated professional) - this is education about equity law, trust principles, and the nature of the legal system itself.


The knowledge is yours. The choice is yours. The power is yours.


APPENDIX: Key Legal Authorities

Trust Law:

  • Knight v Knight (1840) - three certainties

  • Westdeutsche Landesbank v Islington (1996) - resulting trusts

  • Re Vandervell's Trusts (No 2) (1974) - beneficial interest

  • Keech v Sandford (1726) - fiduciary duties

Equity Principles:

  • Lazarus Estates v Beasley (1956) - fraud vitiates

  • Target Holdings v Redferns (1996) - trustee liability

Contract Law:

  • Nash v Inman (1908) - burden of proof

Statutory Definitions:

  • Interpretation Act 1978 - "person" definition

  • Solicitors Act 1974 - solicitor as statutory creation

  • Inheritance Tax Act 1984 - basis for IHT

Historical:

  • Cestui Que Vie Act 1666 - legal person concept

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