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Estate Planning
Asset protection is an area that has received a great deal of focus as more Australians look at putting their assets out of the reach of creditors.
Many people need to consider structures that protect the family home, investment assets and business assets. As litigation increases especially against professionals and business owners the need to protect assets increases. The family home is also an asset that needs to be put outside of the reach of creditors.
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Overview
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WARNING: Amounts owed by the trust to a beneficiary would be subject to litigation against that person and therefore loans owed to high risk family members should be avoided.
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| How To Guides |
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| Warning |
- Do not acquire the family home in joint names.
- The gifting of assets to a spouse or a trust require a 4 year time period before the assets are out of the reach of creditors.
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| Notes |
- Assets should not be acquired in an individuals name who could be subject to litigation.
- The power of appointment in relation to a trust is not property and therefore does not pass to a trustee in bankruptcy.
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