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If you have heard from friends that they have formed a Trust and you want to know the advantages and disadvantages for you and the pros and cons for forming a Trust, then we are only a telephone call away.
Bruce Dell Law offers a free initial service whereby you are invited to the firm for a free consultation.
Bruce will then ascertain from you all of your assets and liabilities, incomes, outgoings and family details. From that, Bruce will prepare a written report for you and give you an outline of what you would need and the benefits, advantages and otherwise to you of forming a Trust or otherwise.
Bruce will give you a fixed quote for the work necessary and there is no fee unless you proceed and implement those recommendations through Bruce Dell Law.
The whole point of a Trust and the effectiveness of a Trust is to divest yourself of assets so that you are "bullet-proof" from creditors, Government institutions, legal suit or anything similar .
A Trust is a separate legal entity. A Trust is formed by what we call a Settlor and/or Appointor and the main task of the Settlor or Appointor is to appoint Trustees.
A Trust is managed and controlled entirely by your Trustees and the Trustees have total control and if there is more than one Trustee, we recommend that the Trustees must at all times act jointly.
We would always recommend that the person instructing us would be a Trustee, together with a spouse or partner if that was appropriate. We would also (in line with IRD guidelines) recommend an independent Trustee for any Trust.
There are basically two simple forms of Trusts, namely, a Family Trust and a Trading Trust.
A Family Trust is one into which you would normally transfer your family home or beach house or the like. We would not nomally transfer trading assets or income earning assets to your Family Trust.
Separately, we form Trading Trusts for holding and owning trading and investment type assets such as rental properties or shares or bank deposits.
We are able, as indicated, to provide fixed quotes for any work necessary and we reiterate that there is no cost for the initial consultation and the initial report unless you proceed with us.
There has been a misconception throughout New Zealand for many years that if you have your property in Trust, you are protected from your future partners or spouses. That is a myth that has been propounded and a dangerous presumption based on recent authorities. Do not be lulled into a false sense of security thinking that your property is safe because it is in a Trust because the law does not now necessarily hold that. We can advise you in this regard and this may involve relationship agreements. |