What is a trust?
Trusts are a popular way of protecting property and assets.
The Settlor transfers assets to trustees to look after for the beneficiaries in accordance with the Trust Deed. Trusts are governed by the Trusts Act 2019. A Trust can last for up to 125 years but are usually wound up much sooner than that often soon after the death of the Settlor.
The Settlor either transfers or gifts assets to the Trust, once it has been established.
The Settlor may also be a beneficiary of the Trust.
Care is required as in certain circumstances property in a trust may be clawed back as a
Court can set aside transfers of assets such as when made with the intention of defeating relationship property claims.
There are various benefits of a trust
• To protect family assets from creditors.
• To protect assets from relationship property claims.
• To reduce the risk of the Court “remaking” your Will under provisions of either the Family Protection Act or the Property (Relationships) Act 1976.
• To preserve assets for your children where the possibility of a second marriage of your surviving spouse on your death could result in family
assets going to complete strangers.
• To provide special assistance and support for a disadvantaged child.
• To preserve family assets against possible reintroduction of death duty.
• To reduce family assets allowing a family to maximise social welfare or other benefits, such as rest home fees.
• Utilisation of a trust for income-splitting purposes, in some circumstances.
• Through the use of trading trusts for business trading activity, fringe benefit tax and ACC levies can be reduced and compliance costs can also be lowered.
• Confidentiality of asset ownership.
• Capital taxes planning. To reduce effect of tax on sale of land.
• To transfer wealth carefully from one generation to another.
Key areas
· Establishment of trust
· Associated loan and gifting
· Trustee and beneficiary advice
