Why Trusts Exist

Purposes Trusts Used For Today

Trusts have dominated our landscape for eons and for good reason. Their longevity relates to the flexibility they possess. They’ve been able to accommodate society’s altering morals, values and conventions over the passing of time. They’ve also been able to adapt to and satisfy the varying and growing needs individuals and business have.

Despite their ever-changing nature, motivation for establish trusts has remained relatively static. Goals include asset protection, acting as a vehicle to conduct business through and managing estates and taxation responsibilities. In New Zealand it is commonplace to find discretionary trusts assist in achieving these aims often referred to as individual, family, business and inheritance trusts. Keep reading to understand the benefits each of these trusts brings.

Individual Trusts and Family Trusts

Often considered the cornerstone of an individual’s financial life, family trusts are used to hold passive assets such as homes, baches, cash and life insurance policies. Holding assets within a trust, can permit attainment of several benefits such as:

  • A separation of asset ownership from individuals to trustees
  • Asset protection against business creditor claims
  • Division of assets from personal relationships
  • Negating the need to obtain Probate on death
  • Protection of assets from estate claims
  • A mechanism to provide for children, especially for those with special needs
  • A vehicle to pass assets and inheritances to loved ones and through family generations

Ultimately family trusts protect assets and preserve wealth for individual/s and their family, for today and for tomorrow.

Business Trusts

New Zealanders epitomise the spirit of entrepreneurship. Our business community is full of bright people engaging in small and medium size businesses, frequently through the use of trusts. Businesspeople often trade through companies, holding theirs shares in a business trust. Alternatively, the business owner may elect to have the business trust conduct the business. In either case, a business trust can provide the following benefits:

  • An ability to separate personal assets from business assets, consequently affording protection on personal assets against claims originating from the business’s creditors
  • A pathway to business succession
  • A method to facilitate the business or parts of the business being sold to third parties
  • A mechanism enabling the flow of dividends to trust beneficiaries, sometimes with favourable tax outcomes resulting

Inheritance Trusts

Undoubtedly inheritance trusts have gained in popularity in recent years. This is due to two factors. Firstly, their ability to enable the smooth transition of wealth from one generation to another. Secondly, their means of transferring funds from parent to child facilitating children purchasing assets such as their first home. The inheritance trusts rise in popularity due to this latter reason makes perfect sense as child recipients often benefit to a greater degree if they receive an inheritance during their early to middle years than waiting until a parent has died. Other benefits include:

  • A mechanism to structure ownership and bank borrowings appropriately so a parent transferor’s assets are not threatened by a child recipient’s circumstances
  • Wealth received protected in the first instance from a child recipients relationship partner and / or business creditors
  • Preservation of assets of special significance preserved for further family generations use and enjoyment
  • A way in which a parent may provide for adult children with special needs during that child’s lifetime

Is A Trust Right For You?

Now you’ve read about the benefits trusts can bestow, you may be able to judge if a trust is right for you. A factor you should take into account when making your decision is a trust must be administered and managed correctly for those benefits to endure. We’ve elaborated on this point on this website so keep reading.

Contact us if you need help.