What a trust can do for you
When structured properly and for the right reasons, a trust can provide genuine benefits:
Asset protection
If you run a business, trust assets may be protected from business creditors if the business fails. This protection isn't absolute, but it can provide a safety net for your family home.
Relationship property planning
Assets properly held in a trust may be protected from relationship property claims if a relationship ends. However, this protection has limits, especially for long relationships.
Succession planning
A trust can help pass assets to the next generation while maintaining some control over how and when they're distributed. This is particularly useful for protecting inheritances until children mature.
Supporting vulnerable family members
A trust can provide for family members who may not be able to manage money themselves, without affecting their government benefit entitlements.
What a trust doesn't do
There are some common misconceptions about trusts that are worth addressing:
- Tax savings: Tax saving opportunities are limited these days. However, income can be distributed to beneficiaries on a lower tax rate, rather than kept by the trust.
- Complete protection: Courts can "look through" trusts in some circumstances.
- Residential care subsidy qualification: Assets transferred to a trust may still be counted for means testing purposes.
"We always discuss whether a trust genuinely suits your situation. Sometimes there are simpler, more cost-effective solutions."
The costs involved
Trusts involve both upfront and ongoing costs:
Setup costs
Preparing the trust deed, writing a memorandum of wishes, trustee resolutions, and likely, a new will. If property is involved, there may be additional legal and registration costs.
Annual administration
Trusts need proper records and annual resolutions. If they earn income, financial statements and a tax return. Costs vary depending on the trust's complexity and activity.
Periodic reviews
We recommend reviewing your trust every few years to ensure it still meets your needs and complies with current law.
We can provide a quote based on your specific situation. Contact us to discuss your needs.
Is a trust worth it for you?
A trust makes sense when the benefits outweigh the costs. This is more likely if you:
- Run a business with potential liability risks
- Have significant assets you want to protect or pass on
- Have family members who need ongoing support
- Want to control how assets pass to the next generation
Not sure whether a trust is right for you? A conversation with us will help you understand your options—there's no obligation.