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W & K

Family Trusts

Trusts – Be Wary of Over Gifting

20 Sep 2011

On the first of October, gift duty will cease to exist. Some may say “This is great as I can simply gift all my assets over to my trust and they will be out of reach of creditors, disillusioned partners, and government agencies for benefit means testing”.

Dear Santa

Dear Santa

We are really looking forward to catching up with you on Christmas Day.   We hope all is well with you and Mrs. Claus, and of course the little ones.   Your reindeer must be getting really excited about this coming Friday’s great big trip.

Responsible Investing by Trusts

Many individuals, especially farmers and business people, hold their investment assets in trusts. How the trust invests and what it invests in can be some of the most important decisions trustees will ever make.  It certainly leaves them with the potential to be sued by beneficiaries.

When Relationships End

The end of a relationship through divorce, separation or death of a partner can mean significant and often unwelcome changes, particularly when it comes to finances.  This is invariably a time of great emotional stress. During this time you may have to deal with money in a way that you may never have imagined. 

You will need to know where a number of important documents are, and preferably have copies of them. 

Is your Family Trust Kosher?

One trustee company found in a survey, that at least 72% of trusts are at risk of being challenged, and 22% are at risk of serious challenge.  By “challenged” we mean that the trust is intentionally or otherwise essentially a sham.  This is not because the trust deed is poor; it is because of mistakes being made in the ongoing management. 

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