Are You Getting the Maximum Benefits from your Trust?
TRUSTS provide significant benefits and can be central entities in family structures which provide the financial foundation for families and future generations.
Some of the benefits offered by a trust include:
Protection against relationship claims:
The Property (Relationships) Act 1976 is a complex piece of legislation often behind unpredictable and undesired outcomes of relationship dissolutions.
Assets transferred into a trust are less likely to be subject to a relationship property claim at the end of a relationship.
In the case of parents passing on wealth or property to children, greater protection is given when this is done using a trust. The children can receive the benefit of the assets, but do not form part of their personal property. As a result, less likely to be the subject of a relationship property claim.
Protection against poor financial decisions:
A Trust can protect beneficiaries from making unwise investments by providing more structure around financial decisions, and if desired by using a professional trustee such as your lawyer or accountant, or other trusted advisor. This lowers the risk of poor investments or falling prey to financial predators or scams.
Effective vehicle for distributing wealth to family members:
A will can be challenged under the Family Protection Act. A Trust Deed cannot be challenged under this Act.
Creating fairness within a family:
Using a trust to record and track distributions to children, or beneficiaries is a great way of keeping a clear summary of the help provided to each family member that can be used as a way of ensuring fairness and equality.
The use of modern Cloud based software makes it quick and easy to do this.
Protection against creditors:
Assets held in a trust provides protection against most creditors, which is a very effective way of managing risk for those involved in business or specific transactions that carry risk.
Trusts provide the opportunity to distribute passive income to beneficiaries and family members who have lower taxation rates, which can avoid the need to pay taxation at the highest margin rate in some cases.
Who should have a trust?
Most people will derive some form of benefit from having a trust and using it as part of their financial planning.