Posts Tagged ‘family trust

As a definition, the spouse trust means when somebody establishes a trust that gives the other spouse the opportunity to protect the family’s welfare and also to defer some taxes. Through this process, the living spouse can be the only person who can use the estate during his lifetime. The spouse trust is divided into tow parts. The living spouse’s part remains revocable as the deceased’s will be irrevocable.

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When it comes to a Family Trust or Trusts for business, fulfilling your duties as a director are critical and if not managed in the proper way can have serious and negative consequences.

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Estate planning involves considering how assets are to be passed from one generation to the next. The usual components of an estate plan are Wills and Memoranda of Wishes. A Will is a document that deals with an individual’s personal estate upon death. A Memorandum of Wishes is a letter written to Trustees of the Trust to describe how assets are to be dealt with within the Trust.

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Unfortunately, most people think that once assets are placed in a Trust they are protected forever! However, this is simply not the case. If a Trust is found to be a “sham”, then asset protection can be lost. So what is a Sham Trust?

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Imagine the excitement. You have worked, saved and hunted hard. Finally, you have found a home perfect for you. Moving day arrives and you and your possession make their way to your new castle. Over the next coming months, you plan the alterations you want to make and the things you want to buy to make your new abode your private haven.

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More and more ‘average’ Mums and Dads are choosing to use a family trust for a variety of reasons that include:

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Unfortunately, most people think that once assets are placed in a Family Trust they are protected forever! However, this is simply not the case. If a Trust is found to be a “sham”, then asset protection can be lost.

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Family Trusts are a very effective way for anyone to protect their assets from a wide range of events that in many cases are beyond our control.

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Family trusts are like an insurance policy. Among other benefits, they are designed to protect you from an adverse event, if and when one happens. It’s obvious that we don’t know what those ‘events’ could be for you. We hope they never occur.

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Historically, it has been thought that a Beneficiary’s right to information stemmed from whether they were a Fixed or a Discretionary Beneficiary.

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