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Why it's best to write your own private trust, and much easier than you think


The Question Everyone Asks

When people discover the framework — when they understand that a private trust can establish their position and provide a base from which to respond to claims — they almost always ask the same question:


"Can you recommend someone who can set this up for me?"


It's a natural question. We've been conditioned our entire lives to believe that legal matters require professionals. That documents with legal effect must be drafted by experts. That we are not competent to create such things ourselves.


This conditioning serves a purpose. It keeps you dependent. It keeps you paying. And most importantly, it keeps you from truly understanding what you have.


For a private trust that serves as your foundation, your shield, and your position — this conditioning will undermine everything.


Here's why.


What A Trust Actually Is

A trust is not a complicated thing.


At its core, a trust is simply this: one person (the settlor) declares that certain property is held for the benefit of someone (the beneficiary), with someone (the trustee) managing it according to certain terms.


That's it.


The settlor creates it. The trustee holds and manages. The beneficiary receives the benefit. The terms say how it works.


You can be all three. You can declare that you hold property as trustee for your own benefit as beneficiary, having created the arrangement as settlor.


This requires no professional. It requires no filing with any government agency. It requires no approval from anyone.


A private trust exists by declaration. You declare it, and it exists.

The law has recognised this for centuries. Trusts predate most of the statutory system. They operate in equity — a body of law that exists independently of statute and, in cases of conflict, prevails over it.


The Wealthy Hold Understanding, Not Just Documents

Here's something that might surprise you.


The wealthy families who have used trusts for generations — they don't simply hand this to professionals and walk away.


They use professionals for administration. For managing complexity across multiple jurisdictions, generations, and assets. For filing, accounting, and compliance where they choose to interface with statutory systems.


But the understanding of what a trust is, how it operates, and why it protects — this is held within the family. Passed down. Taught to each generation.


The family office exists to administer. The understanding exists within the family.


When you have hundreds of millions across a dozen structures in five countries, you need professional administrators. But the family knows what they have and why they have it. They are not dependent on their advisors for the foundational understanding.

The difference between them and most people is not access to better professionals. It is that they hold the understanding themselves.


The Problem With Having Someone Else Create It

When anyone creates your trust without you understanding it, several things happen:


1. You don't truly understand it

The document arrives. You sign where indicated. You file it away. When you need to use it, you don't really know how it works or why.


2. You become dependent

Every time a question arises, every time you need to respond to something, every time the trust needs to be used — you need to go back to whoever created it. More fees. More waiting. More dependency.


3. The trust becomes a document, not a position

A piece of paper in a drawer is not a foundation. A position you understand, can articulate, and can operate from — that is a foundation.


4. You can't respond in real time

When a claim arrives and requires response, you can't wait weeks for an appointment. You need to respond now, from understanding, from your position.


5. The power remains with them, not you

The entire point of this framework is to reclaim your position. If you immediately hand that position to someone else to manage for you, what have you actually reclaimed?


Why This Trust Is Different

The trust we're talking about is not a tax optimisation vehicle. It's not an estate planning tool. It's not a business structure.


It is your position.


It declares the true relationship between you (the living being), the person (the statutory construct), and your beneficial interest.


It establishes that the person is held as bare trustee — holding legal title only, with no beneficial interest, administered by the trust.


It provides the capacity from which you respond to claims: as Trustee, in fiduciary capacity, administering trust property.


This is not something you use occasionally. This is something you operate from constantly.


When a demand arrives addressed to the person, you respond from Trustee capacity.


When an agency claims against the person, you respond from Trustee capacity.


When any interaction with the statutory system occurs, you engage from Trustee capacity.


If you don't understand the trust — if you can't articulate what it does and why — you cannot operate from it. You have a document. You do not have a position.


The Trust As Shield

The trust functions as a shield in a specific way.


Claims arrive addressed to the person [NAME]. The person is trust property — a bare trustee held by the trust.


You respond: "No representative has been authorised to engage with this claim on behalf of [NAME]."


This response comes from the Trustee. It establishes that the person is governed, not incompetent. It shifts the burden to the claimant to prove why they can compel the trust to authorise engagement.


For this shield to work, you must understand it.


You must understand why the person is bare trustee. You must understand what "no representative authorised" means. You must understand the burden you're shifting and why it cannot be met.


If you don't understand these things, the shield is paper. When challenged, when pressed, when questioned — you won't be able to maintain the position because you don't truly hold it.


Understanding is the shield. The document is just evidence of what you understand.


The Trust As Foundation

The trust is also your foundation — the ground you stand on.


When you write it yourself, you are not receiving a position from someone else. You are declaring your position. You are the settlor — the one who creates. You are establishing the structure that reflects reality.


This is not a technicality. This is fundamental.


A position given to you by an expert is their position that you're borrowing. A position you establish yourself is yours.


When you face challenge — and you will face challenge — you need to stand on ground that is genuinely yours. Ground you understand. Ground you created. Ground you can defend because you know every inch of it.


This is why you must write it yourself.


What You Need To Know

Writing your own trust requires understanding certain things:


The mechanism

Why does the trust establish separation? What is the relationship between living being, person, and beneficial interest? Why does the statutory system's reach stop at the person?


Without understanding the mechanism, you're just copying words.


The structure

What are the roles? Who is settlor, trustee, beneficiary? What is trust property? What does "bare trustee" mean?


Without understanding the structure, you can't explain what you've created.


The operation

How do you respond to claims? What capacity do you respond from? What are you asserting when you say "no representative authorised"?


Without understanding the operation, you can't use what you've created.


The principles

What equitable principles support the position? Why does resulting trust arise? Why can't fiduciary roles be imposed?


Without understanding the principles, you can't defend the position when challenged.

The Freedom Reclamation Programme teaches all of this. Not so that you can hand it to someone else, but so that you can write your trust yourself, understanding every word.


The Writing Process

When you write your own trust, something happens.

You have to think about every clause. Why is it there? What does it do? What would happen without it?


You have to make decisions. What is included as trust property? What terms govern administration? What happens in various circumstances?


You have to articulate. You can't write what you don't understand. The act of writing forces understanding.


By the time you've finished, the trust is not a document someone gave you. It's an expression of your understanding, in your words, establishing your position.


This is irreplaceable. No expert can give you this. Only the work of understanding and writing can give you this.


But What If I Make A Mistake?

This is the fear that keeps people dependent on professionals.

What if I get it wrong? What if I miss something? What if it doesn't work because I'm not trained?


Here's the truth:

A trust is valid if it meets certain basic requirements. There must be certainty of intention (you intend to create a trust), certainty of subject matter (the property is identified), and certainty of objects (the beneficiaries are identified).


If your declaration clearly shows you intend to create a trust, identifies what property is held, and identifies who benefits — you have a valid trust.


The language doesn't need to be perfect. The formatting doesn't need to be professional. The document doesn't need to look like it came from an office.


It needs to be clear. It needs to establish what you intend. It needs to be something you understand and can operate from.


A simple, clear trust you understand completely is infinitely more valuable than a complex, professional trust you don't understand at all.


A Note On Solicitors

You might wonder: why not just use a solicitor?


There's a specific reason beyond the general principle of needing to understand your own position.


Solicitors operate within law societies. Their ability to practise depends on remaining within accepted boundaries. And the entire legal profession operates on an unquestioned assumption: that you are the person. That the name on your birth certificate is you. That statutory obligations addressed to that name are your obligations.


This assumption is the foundation of their practice. Every client instruction, every contract, every court appearance — all of it rests on this presumption.


A solicitor who questions this presumption isn't being creative. They're undermining the foundation of how they practise. They face complaints, professional discipline, potential removal from the roll.


This isn't conspiracy. It's simply how professional bodies maintain coherence. Certain things are not questioned. Those who question them are removed.


So when this trust is specifically designed to address the presumption that you are the person — to establish the distinction between living being and legal construct — a solicitor cannot help. Not because they lack skill. Because their profession cannot accommodate questioning the very foundation it operates on.


There are those who understand this framework and can guide others. They operate privately, outside professional constraints, often accessed through introduction. But even they would tell you the same thing: the understanding must become yours.


The Conditioning To Overcome

The belief that you cannot do this yourself is conditioning.


You were taught that legal matters are for lawyers. That you are not competent. That you need permission, credentials, qualifications.


This conditioning serves those who profit from your dependency. It does not serve you.


The truth is:

  • Private trusts have been created by ordinary people for centuries

  • No law requires a professional to create a trust

  • The legal profession has no monopoly on understanding

  • You are capable of learning, understanding, and applying these principles

  • Your understanding will always be more valuable than someone else's document


The conditioning says: "You can't do this. You need an expert."

The truth says: "You must do this. No expert can give you what doing it yourself provides."


The Test

Here's how you know if you're ready to operate from your trust:

Can you explain, in simple terms, what the trust does and why?

Can you explain why the person is held as bare trustee?

Can you explain what "no representative authorised" means and why it shifts the burden?

Can you explain the equitable principles that support your position?

Can you respond to a claim, right now, from Trustee capacity, without looking anything up?

If yes — you have a position.

If no — you have a document. And a document without understanding is just paper.


The Real Work

Here's what this means practically:


Don't look for shortcuts. The work of understanding cannot be skipped. Anyone offering to "just set it up for you" is offering you dependency, not freedom.


Study the mechanism. Understand why this works, not just what to do. The why is your foundation.


Write it yourself. Use templates as guidance, but write every word yourself. Make it yours.


Test your understanding. Explain it to someone else. If you can't explain it simply, you don't understand it well enough.


Practice responding. Before claims arrive, practice responding from Trustee capacity. Know what you'll say and why.


Keep learning. Your understanding will deepen over time. The position becomes stronger the more you understand it.


This is work. Real work. But it's work that gives you something no professional can give you: a position that is truly yours.


The Outcome

When you've done this work, you have something remarkable.


You understand the mechanism by which statutory systems claim authority — and why that claim lacks valid foundation.


You have established your position through your own declaration — not received it from someone else.


You can operate from that position in any situation — because you understand it, not because someone told you what to say.


You are not dependent on any professional — the knowledge is yours, the position is yours, the foundation is yours.


You have reclaimed something that was always yours but that you didn't know you had.

This is what the framework offers. Not a document. Not a service. Understanding and position.


And that can only come from doing the work yourself.


In Summary

  • Private trusts exist by declaration — no professional required, no approval needed

  • The wealthy hold understanding within their families; professionals only administer

  • Having someone else create your trust leaves you with a document, not a position

  • The trust is your shield and foundation — it must be understood to be used

  • Writing it yourself forces understanding that cannot be gained any other way

  • A simple trust you understand is worth more than a complex trust you don't

  • Solicitors cannot help with this specific trust — their profession cannot question the presumption it addresses

  • The conditioning that says you need experts is conditioning — not truth

  • The real work is understanding; the document is just evidence of understanding


The question is not: "Who can create this for me?"

The question is: "Am I willing to do the work to understand this myself?"

If yes — the framework teaches you everything you need.

If no — no document, however drafted, will give you what you're looking for.


The position must be yours. And that means the understanding must be yours.

There is no shortcut. There is only the work.

And the work is worth it.


The Freedom Reclamation Programme teaches the complete mechanism and guides you through creating your own trust with full understanding. Not because we want you to depend on us — but because we want you to never need to depend on anyone.

1 Comment


Per
Jan 05

If I am not very much mistaken you cannot be all 3 parties in a Trust, only 2 of them. You can be the settlor (sometimes also called grantor) and the trustee (administrator), but then not the beneficiary. Typically you will be the settlor, but if you wanna be the beneficiary as well, you need another person (or legal entity) as the trustee (administrator). Also note that there can be more than one beneficiary and more than one trustee. If you wanna control all 3 parties, you can create a company which acts as the trustee. All 3 parties are legal entities as a trust is a legal construct.

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