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  • Profile photo of TerrywTerryw
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    @terryw
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    You would have to read the deed. But probably the trustee could amend the deed, though this may need the approval of the appointor and/or guardian.

    Most of the time adding a beneficiary would cause a resettlement.

    An indirect way around this may be the use of corporate beneficiaries. Need to read the deed again to work this out

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Don't mix any properties/loans.

    If a property is used as security they mortgagee can take possession easy. If not used as security they would need to go through a longer court process of getting a judgment etc. This will give you much more time and flexibility in deciding what you sell and when rather than the bank deciding.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Certificate of title will list the legal owner which is the trustee. You can determine if the owner is a company or your grand dad, but not if they held the property as trustee.

    What do you need to know?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Minors don't have legal capacity so I don't think a minor could act as an appointor until they reach 18.

    Trustees and appointors can be changed without resettlement. But this doesn't necessarily mean that a resettlement won't occur. Careless changing of the trustee could result in stamp duty being due again.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    good luck

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Probably. The trustee should be able to request a copy – maybe a fee will be charged. The accountant may also have it or a copy.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    yes

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    BTW I should mention that a guardian could be another term for an appointor or it could be another position altogether. You really need to read the deed to determine what the role and powers of each player are.

    As for the company. It is totally separate to the trust. So the appointor has no power over it. What you want is control over the shares. You can buy the share from the existing owner.

    Or

    You can form a new company from stratch. Have the shares in your name or in a separate trust which you control. You can then hold a shareholder meeting and vote to make yourself director. At the same time you as appointor of the trust can sack the old trustee and appoint your new company as trustee.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The company is totally separate and is governed by the corporations act and constitution of the company. A company is basically controlled by the shareholders who can vote and appoint the director. So you would have to get the shares or 51% of the controlling shares to appoint yourself OR have the shareholders appoint you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Its probably the guardian/appointor that can appoint another or a replacement appointor. You really have to read the deed as this contains the rules for the trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    It depends on the trust deed. If the trust deed permits it and if the director is the sole director of the trustee company then they can resolve to amend the deed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I think you are confusing yourself again. If the company is the trustee then your grandfather is probably just director.

    down the track you wouldn't want to be trustee as there is some risk to taking on the role and you would also have to change title deeds to all property of the trust. Best to get a company as trustee and you be director of the company and control its shares.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You said above you think the trustee is a company. In that case the director(s) of the company is the one who does it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    One solicitor I heard of did the conveyancing and got the GST wrong on a $2mil property. Client had to pay an extra $200,000 or so unexpectedly and so had to sue the solicitor.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The conveyancer is only getting $990. The rest are fees.

    I am a solicitor and wouldn't do any conveyancing for this price as it is very high risk for little rewards.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Banks will usually give a discount for prepaying interest. Usually a massive 0.10%! So it is sort of factored in. But you also have to consider the opportunity cost of not having that money immediately.

    Make sure you don't just plonk 12 months worth of repayments into the loan. You need to organise a special 1 year fixed loan with the bank. Otherwise it will just be a repayment off the principle and you may stil be chased for missed repayments – AND you couldn't claim the interest.

    Also, one more poiint, if you pay next years interest now, then next year you may have little to claim and will have a massive postive income from the property. You may then have to prepay another years interest and be trapped in the cycle.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Only the trustee can change the deed. But this depends on the wording of the deed.If you get it wrong the costs could be enormous.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    Firstly I would look up s 60 of that act. What state is the property in?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I just received an email from http://www.lawcentral.com.au. If you join up with them, free, you can go through the motions of preparing documents with tips given on the way.

    • Update for Bamford

      Do you need to change the Trustee of your Family Trust? Do you need to change the Appointor or the Backup Appointor? Use this Family Trust – Update Rules, Appointor or Trustee kit to make the changes. This also allows you to update your trust to fully comply with recent changes to the law. Family Trust deeds should be updated every 4 years. Every Family Trust needs updating after the High Court handed down the recent Bamford decision this year.

    • Update corporate trustee

      You can nominate a company as the trustee for your family trust. The company holds the trust assets in its name as the legal owner. The Trustee does whatever the Appointor tells them to. This includes distributing profits. You can be both the Appointor and Trustee. Use this Family Trust – Update Rules, Appointor or Trustee kit to make the changes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Executor is usually the personal representative of the testator in someone's will.

    I haven't heard about an appointor role being called an executor, but it is possible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 5,761 through 5,780 (of 16,328 total)