All Topics / Legal & Accounting / Who Should be Appointer of a Trust??

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  • Profile photo of woodsmanwoodsman
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    @woodsman
    Join Date: 2004
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    In setting up a trust…whom do you recommend as being the Appointer, seeing that they cannot be a beneficiary under the trust…

    James

    Profile photo of NickMNickM
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    @nickm
    Join Date: 2004
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    Hi James
    The Appointor is generally the pricipal
    it is the settlor that cannot be a beneficiary

    In most instances the appointor/trustee and principal beneficiaries are the same people. In the case of a corporate trustee the directors are also the appointors
    regards
    nickM

    Profile photo of The DIY Dog WashThe DIY Dog Wash
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    @the-diy-dog-wash
    Join Date: 2003
    Post Count: 696

    James

    You should be the Appointer, this is very important because it is actually the appointer that controls the trust. They can remove and change the trustee at any time, so if it is not you then some one else will control the trust and your investments.

    Having said that the advise we received (hubby & I) is the one who is driving the investing, out of a couple, should be the appointer.

    Cheers
    Leigh K[biggrin]

    Profile photo of woodsmanwoodsman
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    @woodsman
    Join Date: 2004
    Post Count: 714

    Alas, I was confused…..I was mixing up the roles.

    Thanks for your responses and clearing this up. (in a twisted way in my mind I was correct….really!!)

    James

    Profile photo of The DIY Dog WashThe DIY Dog Wash
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    @the-diy-dog-wash
    Join Date: 2003
    Post Count: 696

    James

    In that case the settler can be any body that supposedly deposits the settling sum intot he business account. Ours was our accountant.

    Cheers
    Leigh K[biggrin]

    Profile photo of NickMNickM
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    @nickm
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    I do not generally recommend that the settled sum be deposited into a bank account.
    If the bank account balance ever drops below the settled sum amount then the trust will be void.

    Therefore it is advisable that the settled sum be represented by cash stapled to the original deed

    Cheers
    NickM

    Profile photo of melbearmelbear
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    @melbear
    Join Date: 2003
    Post Count: 2,429

    Hi Nick

    That’s what I thought too, but I’m setting up a Unit Trust with friends at the moment, and my solicitor wants a cheque for $10, and said I MUST use this cheque to open the bank account?

    So I am better off getting $10 in cash, and sticking it to the deed?

    Cheers
    Mel

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