{"id":4014,"date":"2026-09-22T11:44:59","date_gmt":"2026-09-22T09:44:59","guid":{"rendered":"https:\/\/familyenterprisepartners.com\/?p=4014"},"modified":"2026-09-22T12:36:49","modified_gmt":"2026-09-22T10:36:49","slug":"trusts-family-business","status":"publish","type":"post","link":"https:\/\/familyenterprisepartners.com\/en\/insights\/trusts-family-business\/","title":{"rendered":"Trusts in family businesses: what they are and how they support generational continuity"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">A trust can be a useful tool for a family business to organize ownership, facilitate succession, and provide continuity to certain principles defined by the family across generations.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Although trusts are often considered from a legal, tax, or wealth structuring perspective, they can also be viewed through the lens of <a href=\"https:\/\/familyenterprisepartners.com\/en\/services\/family-governance\/\"><u>family governance<\/u><\/a>: how ownership is organized, who makes decisions, and which rules should remain in place as generations change.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is a trust?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">It is a structure through which certain assets or rights are set aside for a specific purpose and administered according to predetermined rules for the benefit of one or more individuals. It is a recognized legal structure in countries such as Mexico and other Latin American markets, while other jurisdictions have different or equivalent structures, including trusts in common-law countries.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In a family business, this structure can help organize the ownership of certain assets or business interests and support their continuity across generations.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Trusts, governance, and generational continuity<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">As a business family grows, so does its complexity. Ownership may become distributed among more family members, and responsibilities that were once concentrated in one person begin to separate: owning the business, managing it, and making decisions about the family\u2019s wealth.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This type of structure can help organize some of that complexity. However, the structure alone does not guarantee continuity.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Before considering one, a family should address deeper questions: What does it want to preserve? How does it want to exercise ownership? What role will future generations play? And how should decisions be made in the future?<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">A trust does not replace family governance<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">A structure can establish rules for certain assets or business interests, but it cannot replace the decisions a family needs to make about its future.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Before incorporating certain decisions into this arrangement, the family should define what it wants to preserve, how it intends to exercise ownership, and what role future generations will play.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For this reason, a trust should be understood as one component of a broader governance framework, where family governance bodies, owner agreements, and other mechanisms can coexist to organize the relationship between the family, the business, and the family\u2019s wealth.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Trusts in Mexico and family businesses<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">In Mexico, these arrangements are regulated by the <a href=\"https:\/\/www.diputados.gob.mx\/LeyesBiblio\/pdf\/LGTOC.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><u>General Law of Negotiable Instruments and Credit Transactions (Ley General de T\u00edtulos y Operaciones de Cr\u00e9dito)<\/u><\/a> and can be used to organize certain assets, business interests, and other elements of family wealth according to predetermined rules. In the context of a family business, a trust can form part of a broader approach to continuity, succession, and governance.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Its structure, operation, and legal and tax implications will depend on each family\u2019s circumstances and should be analyzed with the appropriate specialists.<\/p>\n\n\n\n<div style=\"\n  margin: 45px 0;\n  padding: 32px 40px;\n  background-color: #F5F2EA;\n  border-top: 1px solid #847450;\n  border-bottom: 1px solid #847450;\n  text-align: center;\n\">\n  <p style=\"\n    max-width: 780px;\n    margin: 0 auto;\n    font-family: 'Faculty Glyphic', Aptos, Arial, sans-serif;\n    font-size: 28px;\n    line-height: 1.45;\n    font-weight: 400;\n    color: #0f2534;\n  \">\n    \u201cA structure helps put a vision into practice. It cannot replace it.\u201d\n  <\/p>\n<\/div>\n\n\n\n<h2 class=\"wp-block-heading\">What should a family consider before choosing this structure?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Before establishing this structure, a business family should define what it wants to achieve through the structure and how it will fit within its governance model. Key questions to consider include:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Which assets or business interests could be included in the structure?<\/li>\n\n\n\n<li>What long-term objective is the family seeking to achieve?<\/li>\n\n\n\n<li>Who should make certain decisions?<\/li>\n\n\n\n<li>What role will future generations play?<\/li>\n\n\n\n<li>How will this vehicle interact with the family\u2019s governance bodies?<\/li>\n\n\n\n<li>How much flexibility will be needed over time?<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">In our Insight, we explore these questions in greater depth and examine trusts from the perspective of ownership, governance, and generational continuity, beyond their legal and tax implications.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Download the full Insight: \u201cTrusts in family businesses: a tool to support continuity.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">At <strong><a href=\"https:\/\/familyenterprisepartners.com\/en\/\" data-type=\"link\" data-id=\"https:\/\/familyenterprisepartners.com\/en\/\">Family Enterprise Partners<\/a><\/strong>, we advise business families and high-net-worth individuals on family governance, wealth management and protection, and generational continuity.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A trust can be a useful tool for a family business to organize ownership, facilitate succession, and provide continuity to certain principles defined by the family across generations. Although trusts are often considered from a legal, tax, or wealth structuring perspective, they can also be viewed through the lens of family governance: how ownership is [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":4027,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48],"tags":[],"class_list":["post-4014","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-family-governance"],"_links":{"self":[{"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/posts\/4014","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/comments?post=4014"}],"version-history":[{"count":4,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/posts\/4014\/revisions"}],"predecessor-version":[{"id":4029,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/posts\/4014\/revisions\/4029"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/media\/4027"}],"wp:attachment":[{"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/media?parent=4014"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/categories?post=4014"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/familyenterprisepartners.com\/en\/wp-json\/wp\/v2\/tags?post=4014"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}