As numerous as trusts are in NZ, changes over the past 10-15 years in regards to case law, legislation and government practice (particularly with regards to taxation) have caused trusts to become a bit of a question mark in many people’s minds.
Are there still any benefits to setting up a trust? Yes.
If you are in business, a trust can protect the family home from commercial creditors or litigious customers.
Subject to a number of ifs, buts and maybes, a trust can still be a useful vehicle for intergenerational or otherwise long-term asset management.
And – subject to even more ifs, buts and maybes – a trust can still be a useful vehicle for protecting assets from relationship property claims.
Of course, the potential effectiveness of a trust is very much dependent upon the trust being properly administered.
It’s not that trusts are no longer of any use or relevance. Rather, it’s that the question of whether or not to employ a trust, is more complicated than it used to be. We can help you to answer that question.