Trust formation, administration and asset protection
Our experienced trust lawyers guide you through every step of creating and managing a trust, ensuring your assets are safeguarded and distributed according to your wishes.
Trust law expertise
- Formation of trusts to best achieve your wishes to ensure it remains fit for purpose
- Transferring assets into trusts (whether at formation or subsequently)
- Ongoing advice for the Settlor or Trustees as to how best to achieve the trusts' objectives
- Annual administration of trusts including review or gifting meetings
- Variations or winding up trust
Trust assessment, design and review
At the assessment, design and review stage, we will offer advice around whether a trust structure is right for your needs. If it is, then we move to establish what that trust structure should be, and, in the case of existing trusts, we review the structure and recommend any improvements including resettlement into new trusts.
As part of the review process, we consider the following:
- Asset protection (risk) assessment and advice as to whether a trust structure can assist in relation to any business or future rest home subsidy
- Asset planning assessment and advice as to whether a trust structure will be of assistance to you
- Review of existing trusts or other asset structures to consider suitability, liaison with tax, banking and financial advisers to ensure the correct structure is used
- Design of recommended structure to meet the ongoing needs of clients
- Resettlement into a new trust if required
- Trust implementation
Asset transfers
An important part of the trust process is the transfer of assets. We assist clients to move assets from a company or personal ownership structure into the trust.
It is important to document and account these transfers correctly, including how they are funded.
We deal with:
- Transfer of assets such as property, shares, cash and investments into the trust
- Recording subsequent loans
- Gifting and forgiveness of debt advice and implementation
Ongoing advice for trusts
It is important that trusts are managed correctly. We give advice to trustees and beneficiaries regarding the management and governance of trusts and dealing with trust assets, including advising when there is a change in personal circumstance or change to the law.
Annual administration of trusts
Annual management of a trust is important to assist the trustees to meet their annual obligations.
These obligations include meeting on a regular basis to consider all beneficiaries and keeping clear and accurate records of the trust’s assets and the trustees decisions.
Trust variations and wind up
It is important to ensure that any trust structure continues to meet the objectives of the original trust at the time the trust was formed.
We can assist the trustees and settlors to make specific changes required throughout the life of the trust to ensure continuity and, when the time is right, to properly wind up the trust.
Related resources and articles
Contact our experienced trusts lawyers today for personalised advice on trust formation, administration, and asset protection.
