Trusts / Asset Planning

Do I Need a Contracting-Out Agreement?

Created: Friday, 20 November 2020 15:15

Do any of the following ring a bell?

  • I’ve just met someone, and things are moving fast
  • We’ve been together a while now, and are talking about moving in together
  • We’re living in my house, and renting out the other one
  • Looking after my kids is a full-time job, and my partner works in the family business
  • After everything that’s happened, I didn’t expect to meet someone again
  • I’m spending a fair bit of time renovating the rental property – just as well I’m a builder!
  • We met at university, but I gave up my career to focus on the kids
  • I help out with the accounts and the odd day here and there in the business
  • My friend’s marriage has just ended – it got messy, and really made me think
  • Trusted friends are suggesting I see a lawyer to get advice
  • I’ve inherited a nest-egg, and we want to use it to do-up the house

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Trustees' Disclosure of Information to Beneficiaries - Trusts Act 2019

Created: Friday, 06 November 2020 10:13

The Trusts Act codifies beneficiaries’ rights to certain trust information to help beneficiaries ensure that the trustees are complying with their duties and the terms of the trust. There is a presumption that the trustees must disclose basic trust information to every beneficiary and trust information to beneficiaries who request it. In the case of beneficiaries who are minors or who lack capacity, the information must be given to a parent, guardian, attorney, or property manager.

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Separation - When a Relationship Ends

Created: Tuesday, 27 October 2020 12:16

The end of a relationship is acknowledged by many as being one of life’s major stresses. Whether it comes as an unexpected shock, or is a planned or agreed outcome, a separation marks a change in circumstances, often involving personal upheaval.  In many cases, uncertainty around arrangements for housing, children and finances only complicates an already challenging time.

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Guardianship of Children – What Does it Mean?

Created: Thursday, 15 October 2020 11:34

The idea of guardianship, or being a guardian, is often misunderstood. A guardian of a child is someone to whom the right to make decisions about important matters affecting that child has been given under the Care of Children Act 2004 (the Act). A guardian contributes to a child’s intellectual, emotional, physical, social, cultural and other personal development.

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Why Have a Will

Created: Monday, 05 October 2020 08:56

Your will is one of the most important documents you will sign in your life. It has a profound effect on the legacy you will leave your loved ones.

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Residential Care Subsidy - Working it Out

Created: Tuesday, 08 September 2020 16:12

The underlying purpose of the Social Securities Act 1964 is to ensure that financial support is available to people who require it.  The availability of this support is subject to means testing, and the Act requires that "where appropriate they should use resources available to them before seeking financial support under this Act".  These resources may include assets held in trust.

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