Asset Protection Planning
Having decided to estate a Trust it is vitally important that:
1. You know how to run it.
All experts agree that the Achilles heel of trusts is the failure of most advisors setting up trusts to advise their clients how trustees should make and record valid decisions.
The keep it simple principle applies. If you know how to run the trust from day one it will be simple. If you get no instruction you will not know what to do. We are one of the few firms that supply our clients with simple to understand instructions on how to run trusts, with draft minutes. We are the only New Zealand firm to run trust administration seminars for our clients on a regular basis in Auckland.
2. You obtain a comprehensive asset protection plan tailor-made to your circumstances. It should include:
A. A trust deed
B. Memoranda of wishes for the Trust (setting out your wishes for how the assets and income of the Trust is to be dealt with after your death)
C. Trust minute book, and initial minutes for the Trust.
D. Draft minutes dealing with future loans, future asset purchases, future asset sales, future loan repayments, income distributions, and capital distributions; charts to record future loans by you to the Trust and repayments.
E. Detailed notes for guidance on the I dots and t crosses of how to run the Trust and keep the Trust's records in a manner essential for credibility.
F. Settlement statements, notices of sale and transfers of any New Zealand properties to be sold to the Trust.
G. Deed of Sale of Assets and Loans for the assets in your names which need to be transferred to the Trust.
H. Gifting documents.
I. New wills leaving all assets not owned by the Trust and debts owed to you by the Trust at the date of your death to the Trust (thereby completing your gifting).
J. New Zealand format enduring powers of attorney as to property and welfare.
If you are not our clients call the experts at Ross Holmes Lawyers for afree 30 minute appointment