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Estate Claims



Can the  Last Will  of a person set aside a Trust  which he or she had set up earlier in life ?   When does a Trust apply and when are the directions in  a Last Will  to be followed?

In the above I have already stated that Trusts are superior to Wills.  Many years of experience tell me that the Family Trust construction is preferable in all cases, except where  a Testator's Assets are of low value.  In such cases a joint ownership  construction for Assets between spouses is chosen, possibly concerning their low value house and a small bank balance, in conjunction with  simple Wills  for both parties.

In all cases, where the Assets are substantial or of sentimental and sometimes charitable value to the owner,  a Family Trust should be the preferred protection instrument.

Is running a Family trust  complicated  ?                            -  In my Law practice, I have 90 year old ladies, without any financial knowledge, still running their own Family Trust, with just some minor assistance from me each year .

Is it expensive to yearly review the Trust ?                        -  It is usually less expensive to review your Trust yearly, than having a Mechanic service your car once a year!  Most Family Trusts of my clients hold their financial life's worth, and if they were neglected  and fail then it would be a bitter disappointment. Skimping on a Review of your Family Trust is not a wise saving. 

Do I get an outsider controlling my financial affairs  ?    -  No, in New Zealand we have recognized the independent nature of the Kiwi spirit and have allowed our Trusts to be run by the person who sets it up. This can happen, without the interference of outsiders as Trustees. Your decisions as a  Trustee will be valid, provided that you act as  a prudent Trustee, and that you record that.

Every year we help our Trustees realize their dreams, to ensure that all  relevant trust decisions have been taken and recorded, and that our clients run  their Family Trusts ,which are accepted by  Courts of Law  and other Authorities.

Let Sanctuary Trust Law help you in your trust administration. It will be to your advantage, and it will also benefit your chosen Beneficiaries.



Contact us to discuss your family trust requirements.
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