Trust Set Up – Please shed some lights – Dominique Grubisa/ Dymphna Boholt

my advice is for you to seek specific legal advice when setting up a trust – from a solicitor with a practicing certificate.

my website is terrible and they are getting all updated at the moment.

Yes I agree. But I suggest you get the deed reviewed by an independent lawyer before finalizing. Also make sure you are contracting with an incorporated legal practice so you are covered by the lawyers professional indemnity insurance. If you are supplied by a company that isn’t a law firm you won’t be covered.

I have reviewed a few of these trusts, and associated ‘asset protection’ strategies.

Its a mistake to think a ‘trust’ equates to asset protection.

It comes down to several things such as

a) terms of the trust deed

b) structure of the trustee

c) funding the trust

d) documenting things

e) transactions

As an example I have seen many people that might set up a trust, usually with an accountant, who have never read the deed. They paid the deposit on the property and then make the loan repayment on the trust’s loan.

If they went bankrupt it is easy to argue the trust does not exist, or the trustee holds the property on a resulting trust for them. So no asset protection at all.

To check, if the solicitor is holds a NSW practicing certificate you can search here https://www.lawsociety.com.au/for-the-public/find-a-lawyer

Search for the solicitor or the firm name.

There are similar ones for other states.

Lawyers must renew every year.

Sometimes non-legal firms provide documents which have been drafted by a lawyer. Unless that firm itself holds professional indemnity insurance you would not be covered if things went wrong. You could not sue the lawyer either because you would only have a contract with the intermediary firm.

My company is an incorporated legal practice and covered for legal advice. I specialise in estate planning, asset protection and structuring.

Good suggestions from Terry.

Do your research on the parties mentioned. The truth is out there, if you go looking.

And remember, the structure needs to suit the purpose, not the purpose for the structure. Often people spend a fortune building a fortress with nothing much to protect.

Bye,