At D. L. & F. De Saram, we advise individuals, families, charities, non-governmental organisations (NGOs) and other organisations on the creation, administration and governance of trusts. A well-structured trust can protect family wealth across generations, provide for beneficiaries who need long-term support, or give a charitable or social purpose a durable legal foundation.
Trusts in Sri Lanka are governed principally by the Trusts Ordinance, together with the general law and, where relevant, the law relating to succession and property. Our trusts practice combines technical knowledge with discretion and sensitivity, recognising that trust matters are often deeply personal. Whether a client is planning for the next generation or establishing an organisation to serve the wider community, we provide clear guidance on the structure and documents best suited to its aims.
We work closely with our Family Law & Testamentary practice, and with colleagues in tax, Real Estate and corporate law where a trust holds land, shares or other assets.
Our Expertise in Trusts
For individuals and families, we advise on:
- Creating private and family trusts, including drafting trust deeds and letters of wishes
- Using trusts in succession and estate planning, alongside wills and other arrangements
- Trusts for minors, dependants and beneficiaries who need long-term support
- Holding land, shares and family business interests through trust structures
- Trustee duties, powers and liabilities, and the appointment, retirement and replacement of trustees
- The day-to-day administration of trusts, including accounts, distributions and record-keeping
- Advising professional and family trustees on investment and the management of trust property
- The variation, termination and winding up of trusts
- Trust disputes, including claims by beneficiaries, breach of trust and applications to court for directions
We act for settlors, trustees and beneficiaries, and help each understand their rights and obligations. Where a family’s circumstances change, we review existing trust arrangements to make sure they continue to meet the family’s objectives.
Trusts for Charities, NGOs and Other Organisations
We also advise charities, NGOs, foundations, religious and educational bodies and other not-for-profit organisations on the structures through which they operate and the rules that govern them. Our work includes:
- Establishing charitable trusts and advising on charitable purposes
- Choosing an appropriate legal form for a not-for-profit entity, whether a trust, a company limited by guarantee or another structure
- Registration with the relevant authorities and ongoing regulatory compliance, including requirements that may apply to NGOs and organisations receiving foreign funding
- Constitutional and governance documents, board and trustee structures, and conflict of interest policies
- The duties of trustees and board members, and the management and investment of charitable funds
- Grant agreements, donor arrangements and partnerships with other organisations
- The restructuring, merger or dissolution of not-for-profit entities
- Disputes concerning the governance or administration of charitable and other organisations
Our aim is to help organisations operate with sound governance and transparency, so that they can focus on the purposes for which they were established.