Latest / Best of Business / Jannet Xuccoa: When's the right time for a trust?
Transcript
- 0:09Speaker 1: You're listening to a podcast from news Talk zed B.
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- 1:45Speaker 2: Dashing through the snow in a one horse open sleigh,
- 1:50Speaker 2: All the fields we go, laughing all the way, ells
- 1:56Speaker 2: on Bop, tail Ring, Making Spirits, Bride. What fun it
- 2:02Speaker 2: is to ride and sing a sling song to night?
- 2:07Speaker 3: Jingle Buy Jingle Welcome back to the Weekend Collective. Yeah,
- 2:12Speaker 3: a bit of a retro theme with some of the
- 2:14Speaker 3: music we're playing to this this afternoon. I'm Tim Beverage.
- 2:19Speaker 3: By the way, this is the week in Collective. But
- 2:20Speaker 3: if you hear any of the retro stuff, some of
- 2:22Speaker 3: it is all of it is from an album called
- 2:24Speaker 3: Christmas Cocktails, which I bought it. I bought the CD
- 2:28Speaker 3: of it Donkeys years ago, and it's one of those
- 2:31Speaker 3: go to things. It's just got a nice sort of
- 2:32Speaker 3: feel good sort of you know, retro up tempo sort
- 2:35Speaker 3: of feel to things. And yeah, then I saved it
- 2:37Speaker 3: to Spotify and it is one of my regular go tos,
- 2:39Speaker 3: among other albums of course. But it's called Christmas Cocktails.
- 2:42Speaker 3: If you're curious, I'm looking for it, and I have
- 2:44Speaker 3: no vested interest in it. By the way, just to
- 2:46Speaker 3: share with you anyway, right now, welcome back and if
- 2:50Speaker 3: you've missed any of the ours interesting always fantastic chat
- 2:54Speaker 3: to Allison Gofton about the pre sort of Christmas and
- 2:57Speaker 3: catering and food and ideas like that as well. And
- 3:01Speaker 3: now this is Look. We often have many calls on
- 3:05Speaker 3: the show, but they sometimes people save it till the
- 3:08Speaker 3: end and then they find their miss out. But we
- 3:12Speaker 3: we want your participation. You can jump on the blow
- 3:14Speaker 3: whenever you want if you've got any questions on this
- 3:15Speaker 3: on one hundred and eighty ten eighty or text nine
- 3:18Speaker 3: two nine two for this our smart money and so look.
- 3:22Speaker 3: Of course right now everyone's running around trying to sort
- 3:25Speaker 3: out your last minute shopping not spending too much. But
- 3:30Speaker 3: there is the question that what we're going to explore is,
- 3:32Speaker 3: you know what we want to talk about, what do
- 3:35Speaker 3: you do with the money and wealth that you would
- 3:36Speaker 3: like to either keep in your hot little hands or
- 3:39Speaker 3: maybe have it give to your family once you've gone,
- 3:43Speaker 3: And so trusts that's what we're going to be talking about,
- 3:46Speaker 3: which have often have often are often seen as the
- 3:51Speaker 3: province of the uber wealthy. But are they I mean,
- 3:54Speaker 3: should you be thinking about a trust? When should you
- 3:56Speaker 3: think about a trust inheritances? What's going to happen to
- 3:59Speaker 3: our money when we aren't around look after it? And
- 4:01Speaker 3: how much control can you actually have with your property
- 4:06Speaker 3: once you're out of the picture. So we're going to
- 4:09Speaker 3: talk about that. Should everyone have a family trust? Who
- 4:11Speaker 3: shouldn't worry about it? When do trust? Absolutely make sense?
- 4:15Speaker 3: A huge number of questions around it, But anyway to
- 4:18Speaker 3: discuss that and to take your causes and Dish had
- 4:22Speaker 3: a bit of non specific advice. Of course we don't
- 4:25Speaker 3: give specific financial advice. She is managing director of New
- 4:29Speaker 3: Zealand Family Trust Services Limited and her name is Janet
- 4:32Speaker 3: Zuka and Janet is with me now, Janet High, how are.
- 4:35Speaker 4: You, hello, Tim, and hello to all of our listeners.
- 4:38Speaker 3: Christmas to everybody, Yeah, compliments of this. Do you like Christmas?
- 4:40Speaker 4: I love Christmas?
- 4:43Speaker 3: Is it just the time of year because we like
- 4:46Speaker 3: the summer? Do you like the sort of decorations? Is
- 4:48Speaker 3: it the food? Is it the giving? What is it?
- 4:50Speaker 4: I love the cows, I love all the traditions. I
- 4:53Speaker 4: love decorating the tree and you know, to be really honest,
- 4:56Speaker 4: I love the presence.
- 4:58Speaker 3: Yeah, actually the music. I do love Christmas music. I've
- 5:03Speaker 3: got a daughter who plays music. In fact, I sort
- 5:06Speaker 3: of said, it's not really Christmas, honey, She's love Christmas music,
- 5:09Speaker 3: so she plays it for several months of the year.
- 5:11Speaker 3: But I do quite like at z B. Once first
- 5:14Speaker 3: of December textover, Yeah, that's what.
- 5:17Speaker 4: Makes you feel happy and bubbly.
- 5:19Speaker 3: Yeah, I guess so. Yeah. And we've all got our favorites.
- 5:21Speaker 3: Of course, I don't get the Kylie minogue one which
- 5:24Speaker 3: is apparently hit number one. She's got a song on
- 5:26Speaker 3: the Xmas and I listened to it and watched it.
- 5:28Speaker 3: I thought, I have no idea why that's popular. Maybe
- 5:31Speaker 3: it's just because people love Kylie. But anyway, don't even
- 5:35Speaker 3: waste your time people looking at it's just dreadful. Anyway,
- 5:38Speaker 3: let's talk about trusts. How have you been tell us
- 5:41Speaker 3: a bit. I mean, you've been on the ship. We've
- 5:42Speaker 3: had you on the show two or three times now.
- 5:44Speaker 3: I think this is but just for those you haven't
- 5:48Speaker 3: haven't heard you before, tell us a little bit about
- 5:50Speaker 3: you and your background and involvement with trusts.
- 5:53Speaker 4: So I run New Zealand Family Trust Services, which is
- 5:59Speaker 4: a very large trust provider in New Zealand. Were not
- 6:02Speaker 4: only act as independent trustee for many trusts, but we
- 6:05Speaker 4: also offer an administration service for trust as well. So
- 6:09Speaker 4: sometimes we're not an independent trustee, but we do offer
- 6:12Speaker 4: administration services for my sins. I've got a law degree
- 6:15Speaker 4: and an accounting degree. I'm not carrying current practice certificates
- 6:19Speaker 4: in either of those fields because I don't need to,
- 6:21Speaker 4: but it does make it very helpful because when something
- 6:24Speaker 4: crosses your desk, you look at something and you think,
- 6:28Speaker 4: I think maybe we should have a lawyer on this.
- 6:30Speaker 4: And we had something the other day what appeared to
- 6:33Speaker 4: be a really well written shareholders agreement until I've had
- 6:37Speaker 4: a good read of it and asked the client where
- 6:39Speaker 4: he got that from, and that was care of google
- 6:42Speaker 4: Land and AI, which didn't suit the circumstances at all.
- 6:48Speaker 4: So of course we had to we had to direct
- 6:50Speaker 4: and back to a lawyer to actually get some proper advice.
- 6:57Speaker 4: And it's the same in the accounting field. We had
- 7:01Speaker 4: had another client give us some documentation and when I
- 7:05Speaker 4: looked at that, I just thought, I think we should
- 7:07Speaker 4: really to their accountant because that could trigger all sorts
- 7:10Speaker 4: of tax complications. So the knowledge that I have, although
- 7:15Speaker 4: I'm not carrying carrying compaxes if it doesn't need help,
- 7:18Speaker 4: because you can then direct them back to the right
- 7:20Speaker 4: professionals so that no mistakes occur.
- 7:22Speaker 3: What got you interested in trusts?
- 7:25Speaker 4: Ah, it's fascinating. It's intellectually really challenging. Your trusts are
- 7:31Speaker 4: meant are meant to reflect the moral values and standards
- 7:35Speaker 4: of society, and of course that's forever changing. It's an evolution.
- 7:40Speaker 4: And so that brings into the judiciary and with their
- 7:43Speaker 4: court cases and the decisions that they're making, and what
- 7:47Speaker 4: might appear to be incredibly obvious often is not the
- 7:52Speaker 4: law and goes against it goes against how things actually are,
- 7:55Speaker 4: and trust land.
- 7:57Speaker 3: They're an interesting creation. I remember when I studied equity,
- 8:00Speaker 3: which is the subject we've first introduced to trust. I
- 8:04Speaker 3: think I was quite fascinated just with the fact that
- 8:06Speaker 3: you could create a particular leadlegal entity which vested in someone.
- 8:12Speaker 3: But I'm not going to try and explain trust, but
- 8:14Speaker 3: just the fact that you would have a legal entity
- 8:16Speaker 3: which would be like, it's a legal personal most doesn't
- 8:20Speaker 3: it They explain what a trust is well.
- 8:23Speaker 4: First off, it's from purely a legal perspective. It is
- 8:28Speaker 4: not a legal entity. It's a relationship. It's a fuduciary relationship.
- 8:31Speaker 4: And people do have feuduciary relationships. We've all got them.
- 8:35Speaker 4: You've got a fuduciary relationship with your doctor. Your doctor
- 8:39Speaker 4: is meant to know better than you, and when you
- 8:40Speaker 4: go to go to them, they are meant to treat
- 8:42Speaker 4: you to the best of their ability. And your interests
- 8:45Speaker 4: are paramount.
- 8:45Speaker 3: And blubb obligations of good faith.
- 8:47Speaker 4: Absolutely, and all those sorts of things. And so that's
- 8:49Speaker 4: what trustees are about. Trustees are duties of care and
- 8:54Speaker 4: other duties of course to the beneficiaries, and so they
- 8:57Speaker 4: have a fiduciary relationship to make sure that they are
- 9:00Speaker 4: looking after and serving the beneficiaries in the best way possible.
- 9:04Speaker 4: That's quite loose, by the way, but that's a good
- 9:07Speaker 4: explanation for late people.
- 9:12Speaker 3: I'd be curious to know what percentage of people who
- 9:16Speaker 3: seek advice about getting a trust are doing it too
- 9:20Speaker 3: late that when they get the advice, they know I
- 9:24Speaker 3: should have done this twenty years.
- 9:25Speaker 4: A lot of people, a lot of people. I set
- 9:28Speaker 4: up my first trust when I was nineteen, and that
- 9:32Speaker 4: was the very first asset I bought within a trust,
- 9:36Speaker 4: and I think that that's great advice. Not everybody should
- 9:40Speaker 4: have a trust, but you really want to try and
- 9:42Speaker 4: set one up before before you need it. So if
- 9:45Speaker 4: you're going into business, everybody goes into business for instances
- 9:49Speaker 4: with great intentions of being highly successful, so they plan
- 9:52Speaker 4: lots for success, but they never plan for failure. So
- 9:56Speaker 4: you want to You can't set a trust up when
- 9:58Speaker 4: the creditors are knocking down the door and the receivers
- 10:01Speaker 4: about to walk through, So you want to make sure
- 10:03Speaker 4: that whilst you're planning for success, you're also planning that
- 10:07Speaker 4: if there's a rainy day that comes along, that you
- 10:09Speaker 4: are well and truly prepared for that. So trust a
- 10:12Speaker 4: great asset protection devices, but they've got to be put
- 10:15Speaker 4: in place well in advance.
- 10:17Speaker 3: Yeah, because basically what a trust would do is so
- 10:21Speaker 3: if you've got into a business and it goes bang,
- 10:23Speaker 3: that if you've managed to get your assets into a
- 10:25Speaker 3: trust in a timely manner, then those assets will be protected.
- 10:28Speaker 3: And I guess especially if you're trying to protect the
- 10:30Speaker 3: assets the family home and things like that for your family,
- 10:33Speaker 3: so the creditors don't come and say, hey, mate, with
- 10:35Speaker 3: everything that's yours is ours.
- 10:37Speaker 4: That's right, and they should indeed do that, but of
- 10:39Speaker 4: course they've got to be run right. So I think
- 10:41Speaker 4: of trust like insurance policy. So if you go and
- 10:44Speaker 4: get an insurance policy on your home, then the insurer
- 10:47Speaker 4: will say we will if your home burns down, we will,
- 10:51Speaker 4: we will pay out and we will reinstate. But you
- 10:54Speaker 4: have to meet certain conditions. So, for example, you've got
- 10:56Speaker 4: to take care as the insurance as insured, so you
- 11:00Speaker 4: can't you can't, for example, I don't know, like a
- 11:02Speaker 4: barbecue in the middle of the lounge. You've got to
- 11:04Speaker 4: meet certain terms and conditions of the insurance policy. So
- 11:07Speaker 4: it's the same with trusts. If you're going to have
- 11:09Speaker 4: a trust and it acts like an insurance policy for
- 11:12Speaker 4: asset protection reasons, you've got to make sure it's run right.
- 11:15Speaker 4: So you can't just set it up, throw it in
- 11:17Speaker 4: the bottom wall and go okay, I'm done now.
- 11:19Speaker 3: Yeah. Is that what a lot of people do. They
- 11:21Speaker 3: set it up and they just forget about it, and
- 11:22Speaker 3: they forget to I don't know, what do you have.
- 11:25Speaker 4: They forget your trustee meetings. For example, they forget to
- 11:29Speaker 4: include the independent trustee into the eleventh hour until possibly
- 11:33Speaker 4: maybe they're solicicis, well, have you spoke to the independent
- 11:35Speaker 4: trustee about that? And they don't do that at all,
- 11:38Speaker 4: and so those things really they cause the trust, in
- 11:42Speaker 4: my opinion, to lose integrity.
- 11:44Speaker 3: Do you need to explain in the establishment of a
- 11:49Speaker 3: trust is there needs to be a record of why
- 11:50Speaker 3: you've established a trust because it's a bit so for instance,
- 11:54Speaker 3: I'm going to use a really funny analogy. Technically, if
- 11:58Speaker 3: you buy in the property world, if you buy a property,
- 12:02Speaker 3: and technically you are buying it to make capital gain,
- 12:05Speaker 3: regardless of how long time has passed, technically you should
- 12:09Speaker 3: pay tax on that capital gain. And that's about your intention.
- 12:14Speaker 3: Is there something when it comes to setting up a
- 12:15Speaker 3: trust that you need to declare The reasons I'm setting
- 12:20Speaker 3: up a trust are sort of for these wonderful, holistic
- 12:24Speaker 3: sort of reasons when really, in fact, you just don't
- 12:27Speaker 3: want your creditors to get hold of that money. If
- 12:29Speaker 3: you are bud we don't.
- 12:31Speaker 4: We don't put reasons in trustee, okay, but what we
- 12:33Speaker 4: do do we as the settler that's the person that
- 12:36Speaker 4: sets up the trust. Well, often well usually ensured. All
- 12:40Speaker 4: of my clients do they write memoranum wishes and those wishes.
- 12:44Speaker 4: That's that's a document that acts a little bit like
- 12:46Speaker 4: a will. If the if the if the person's not
- 12:48Speaker 4: around anymore, they've if they've you know, if they've departed
- 12:53Speaker 4: planet to a firma then the memorial wishes comes in
- 12:56Speaker 4: place and it says, well, please, trustees do all of
- 12:58Speaker 4: these things with the assets that in the trust. Now
- 13:01Speaker 4: in that memorial wishes document, you could indeed put the
- 13:04Speaker 4: intention there of why you've set it up and what
- 13:07Speaker 4: you want to happen to the to the assets. So
- 13:09Speaker 4: you could put that there if you wanted.
- 13:11Speaker 3: Well, how can when it come? I mean, are there
- 13:14Speaker 3: sort of I know, the obvious gruncel of this question
- 13:17Speaker 3: is there's no one size that fits all. But are
- 13:19Speaker 3: there generic sort of trusts that would suit many people
- 13:24Speaker 3: in terms of just making basic protection of assets or
- 13:27Speaker 3: are they all quite complex and the way they have
- 13:29Speaker 3: to set it up. It's a bit like you can
- 13:31Speaker 3: but like you can have a will where you basically
- 13:33Speaker 3: just say, look, I mean, my property is going to
- 13:36Speaker 3: my wife and if she predeceases me and my two daughters,
- 13:39Speaker 3: full stop, sign and off, get it witnessed. All that
- 13:42Speaker 3: sort of thing. How complex do you trust. How simple
- 13:46Speaker 3: can they be? There we go, that's I was looking for.
- 13:49Speaker 4: I suppose the answer is that establishing the trust is
- 13:54Speaker 4: really a matter of process and can be very easy,
- 13:57Speaker 4: but the terms of the trusteed need to fit the
- 14:01Speaker 4: circumstances of what we're dealing with and what we think
- 14:04Speaker 4: we're going to be dealing with in the futures. Most
- 14:07Speaker 4: trusts but we establish New Zealand Family trust services are
- 14:12Speaker 4: discretionary trusts, and so what that means is that trustees
- 14:16Speaker 4: have quite wide powers and beneficiaries are entitled only to
- 14:20Speaker 4: be considered. They're not entitled as a light of anything.
- 14:24Speaker 4: But there's lots of different types of trust.
- 14:27Speaker 3: Is that the reason there's the reason that you have
- 14:31Speaker 3: a discretionary trust is because you don't want the beneficiaries
- 14:35Speaker 3: to be able to interfere and say, look, I'm the
- 14:37Speaker 3: sole beneficiary of this trust, or we're the only two beneficiaries.
- 14:39Speaker 3: We want to wrap it all up and take the
- 14:40Speaker 3: money now, or I don't know, well, I remember the
- 14:49Speaker 3: cases that where if you're a beneficiary of a long
- 14:51Speaker 3: term trust and you know somebody said, look, we're going
- 14:54Speaker 3: to put this money in trust for you, but the
- 14:57Speaker 3: beneficiaries like I'm the sole beneficiary, and it's usually a
- 15:01Speaker 3: deceased to state. I think that they can sort of
- 15:04Speaker 3: look through it and say, look, I want it all now.
- 15:06Speaker 4: Well, even in discretionary trust, beneficiaries can band together to
- 15:10Speaker 4: bring the trust to an end.
- 15:12Speaker 3: Okay, so all.
- 15:13Speaker 4: The beneficiaries can band together that if they wanted to,
- 15:16Speaker 4: and they can, they can use the trust to act
- 15:19Speaker 4: as a mechanism they could apply to the courts. In fact,
- 15:22Speaker 4: I was having this conversation with a gentleman earlier this
- 15:24Speaker 4: week about that vote point.
- 15:28Speaker 3: And while they were worried that about keeping putting a
- 15:30Speaker 3: trust together that would last the distance, well.
- 15:34Speaker 4: Know that what they had got themselves involved in as
- 15:37Speaker 4: a trust, their mother had had the trust actually, and
- 15:40Speaker 4: they had three individuals independent trustees, independent trustees, someone who's
- 15:45Speaker 4: not beneficiary again and layman terms to explain that term.
- 15:49Speaker 4: And so these three professionals were of course doing things
- 15:52Speaker 4: that though beneficiary, which he was was not very happy about.
- 15:57Speaker 4: And my advice to that was really try and call
- 15:59Speaker 4: a meeting with the trustees to understand what they're doing
- 16:01Speaker 4: and why they're doing that and get some communication going.
- 16:05Speaker 3: So were they acting in a way that the beneficiary
- 16:08Speaker 3: thought was not in the beneficiary's interests.
- 16:10Speaker 4: I think the beneficiary thought that the way they were
- 16:14Speaker 4: acting was costing a lot of money. Okay, But if
- 16:18Speaker 4: you looked at the assets of the trust and what
- 16:21Speaker 4: he told me, those independent trustees were doing exactly what
- 16:26Speaker 4: they were required to do at law. So I think
- 16:29Speaker 4: they were doing probably a fine job. But because of
- 16:32Speaker 4: the lack of communication, there's a lack of transparency, and
- 16:35Speaker 4: everybody gets a little concerned and worried about that, don't they.
- 16:39Speaker 3: Okay, we want your calls on this eight hundred eighty
- 16:42Speaker 3: ten eighty if you've got any questions about trusts and
- 16:45Speaker 3: protecting your assets, maybe whether it be while you're alive
- 16:49Speaker 3: because you've got a family home you'd like to protect
- 16:52Speaker 3: and you taking a few risks in business, and or
- 16:56Speaker 3: after you've gone any questions around trusts. The two things
- 17:00Speaker 3: I've just outlined are just a fraction of the landscape
- 17:02Speaker 3: of how diverse trusts can be, of course, but give
- 17:06Speaker 3: us a call. We'd love to hear me on eight
- 17:07Speaker 3: hundred eight e ten eighty. In text on nine two
- 17:11Speaker 3: nine to two. My guest is Janet Zaikarashi's managing director
- 17:14Speaker 3: of New Zealand Family Trust Services. And we'll dig into
- 17:17Speaker 3: lots more questions after this, but you can jump the
- 17:19Speaker 3: gun right now on that number. Oh, eight hundred eighty
- 17:22Speaker 3: ten eighty. It's twenty two past five. News Talk SEDB. Yes,
- 17:27Speaker 3: News Talk sed B. By the way, are you worried
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- 18:25Speaker 1: Your Weekend, Your Way, The Weekend Collective with Tim Beverage
- 18:30Speaker 1: News Talk zebby.
- 18:33Speaker 3: News Talk z B wherewith Janet Zacara talking trusts. Any
- 18:36Speaker 3: questions you might have and let's get into it, shall
- 18:40Speaker 3: we with Catherine Hello, Hi, Hey guys, good thanks.
- 18:45Speaker 5: I have a question. My mother has her house and
- 18:48Speaker 5: the trust. Yeah, and she is the set lawn, the
- 18:52Speaker 5: beneficiary and a trustee, but she's wanting to go into
- 18:56Speaker 5: rest home level care. Do you know anything about the
- 19:01Speaker 5: DHB using trust or listing the trust as.
- 19:06Speaker 6: Part of the.
- 19:09Speaker 5: For West. Okay, so you have to be under two
- 19:13Speaker 5: hundred and ninety thousand assets. If you have more than that,
- 19:16Speaker 5: then you don't get the DHP funding.
- 19:18Speaker 3: That's right. And if you've got a lot more than that,
- 19:20Speaker 3: they you have to spend your own money until that's
- 19:23Speaker 3: all you've got.
- 19:23Speaker 4: Left, right, Yeah, right, yeah, yeah.
- 19:28Speaker 3: Catherine, I'll go straight to this on Janital on that book.
- 19:31Speaker 4: Yeah, that's that's a large area of debate so amongst people,
- 19:39Speaker 4: because you might recall that many years ago we were
- 19:41Speaker 4: set out trusts and pretty much we would divest ourselves
- 19:44Speaker 4: of all assets and then we would be almost guaranteed
- 19:47Speaker 4: to get a West term subsidy. And West turn fees
- 19:50Speaker 4: are really they can be really really high.
- 19:53Speaker 3: So thousands per week, absolutely.
- 19:56Speaker 4: They can be they can be thousands per week. And
- 19:58Speaker 4: so there are special rules under the Ministry of Social Welfare.
- 20:02Speaker 4: They have special rules on how they evaluate your assets
- 20:07Speaker 4: and wealth. The person that's heading into the rest home,
- 20:10Speaker 4: and indeed if they're in a couple, there's different rules
- 20:13Speaker 4: for that. The rules can be really complicated, and what
- 20:15Speaker 4: I would say is that I would I would get
- 20:18Speaker 4: somebody to really oversee those so either the law your
- 20:23Speaker 4: lawyer who might understand those rules, or even your accountant.
- 20:27Speaker 4: Green Lion is an accounting firm in Parnell, and I
- 20:30Speaker 4: can tell you that they have a few of those
- 20:32Speaker 4: applications come through and the accountants look at that along
- 20:35Speaker 4: with the solicitors, and they work out whether it is
- 20:38Speaker 4: best to carry on with that trust or whether the
- 20:42Speaker 4: assets should really come out and be returned so that
- 20:45Speaker 4: the person can indeed get you know, might be eligible
- 20:48Speaker 4: for a subsidy, because just simply putting the assets in
- 20:52Speaker 4: the trust now will no longer mean that the government
- 20:57Speaker 4: won't look at those trusts at all. They do look
- 20:59Speaker 4: at them, and they look at when you know, when
- 21:01Speaker 4: all the assets went in, what the what gifting was done,
- 21:05Speaker 4: at what time it was.
- 21:06Speaker 3: Done, suggesting Janet, it's really a case of if you've
- 21:10Speaker 3: done it a decade or more in advance.
- 21:14Speaker 4: It's potentially potentially And that's and that's why I say
- 21:18Speaker 4: it's worth having your lawyers and your accountants look at
- 21:21Speaker 4: that sort of thing.
- 21:23Speaker 5: Right, Okay, so there's no seat answer, it's just you've
- 21:27Speaker 5: got to work.
- 21:29Speaker 3: I certainly no. So yeah, I think Janets. What Janet's
- 21:33Speaker 3: saying is that the fact that there's a trust does
- 21:35Speaker 3: not per se just protect assets and the government goes off, fine,
- 21:38Speaker 3: here's the here's the subsidy.
- 21:40Speaker 4: And yes, and equally, just because there is a trust,
- 21:43Speaker 4: it doesn't mean that the person's never going to get
- 21:46Speaker 4: a rest time subsidy. I think that it's important that
- 21:49Speaker 4: it's looked at professionally when the application is being made.
- 21:53Speaker 4: That's what I'm trying, That's what I'm trying to trying
- 21:56Speaker 4: to get across.
- 21:57Speaker 3: How long ago was the trust set up?
- 22:00Speaker 5: Oh twenty or more years ago, ages ago?
- 22:02Speaker 4: And I wonder when when they were doing the gifting.
- 22:05Speaker 4: There was a time I think it was about two
- 22:07Speaker 4: thousand and ten when people no longer I mean, you
- 22:11Speaker 4: could always forgive as much debt as you liked, but
- 22:13Speaker 4: you know, center over twenty seven thousand you paid duty
- 22:16Speaker 4: on So do you remember then tim it came in
- 22:19Speaker 4: there was.
- 22:19Speaker 3: A never law inflation adjusted it's been twenty seven grand
- 22:23Speaker 3: for ages.
- 22:25Speaker 4: Well, and then you look came in and everybody could
- 22:28Speaker 4: gift as much as they like without paying any duty.
- 22:32Speaker 4: And you had a lot of people do what was
- 22:34Speaker 4: called lump some gifting.
- 22:36Speaker 3: Except I've seen in because we've got to issue in
- 22:39Speaker 3: our family with this sort of stuff that in the
- 22:41Speaker 3: application for the subsidy, they have their own criteria which
- 22:46Speaker 3: limits gifting to twenty seven thousand a year. So it
- 22:49Speaker 3: doesn't matter what the law says. The rest time subsidy
- 22:52Speaker 3: looks at it in an old school way, absolutely.
- 22:55Speaker 4: And so so as a consequence of that, when people
- 22:57Speaker 4: lump some gift, they diversed. They divested themselves of all
- 23:01Speaker 4: of their assets there and then, and that can cause
- 23:04Speaker 4: real issues when they're looking at whether they're going to
- 23:07Speaker 4: give a rest home sty or not.
- 23:09Speaker 3: Because you might have got rid of your assets, but
- 23:12Speaker 3: they behave as if you haven't and you don't have
- 23:15Speaker 3: control over those assets. So gosh, that's yes.
- 23:18Speaker 4: So that's another reason why trust is so interesting.
- 23:22Speaker 3: You see, did you get that sort of Catherine, how.
- 23:25Speaker 4: Complixent it can be?
- 23:26Speaker 5: Yes, thank you very much. There, I reappreciate it.
- 23:30Speaker 3: Great call. I mean, I know these are difficult things.
- 23:32Speaker 3: So yeah, So legally you can divest yourselves and of
- 23:38Speaker 3: whatever assets and a lump sum. But when it comes
- 23:41Speaker 3: to the rest time subsidy, they may say not good
- 23:46Speaker 3: enough because we only accept twenty seven thousand.
- 23:49Speaker 4: A year, and that was back then it was twenty
- 23:52Speaker 4: seven thousand per person. But as soon as that law
- 23:54Speaker 4: change came in, then there was a court case a
- 23:56Speaker 4: few years later and it's twenty seven thousand per carple. Okay, yes,
- 24:01Speaker 4: so the rules change.
- 24:02Speaker 3: So if you've got a chunk of money, if you've
- 24:05Speaker 3: got a great deal of money, you're really going to
- 24:07Speaker 3: struggle to give away much of that. I mean, hang
- 24:10Speaker 3: on a minute, yes, I mean you could do it
- 24:12Speaker 3: ten years in advance and still only give that's only
- 24:15Speaker 3: twenty seven, two hundred and seventy thousand. So if you've
- 24:17Speaker 3: got millions, yes, good luck with the rest home substitute.
- 24:24Speaker 3: Of course the.
- 24:24Speaker 4: Argument there as well, if you've got millions, you should
- 24:27Speaker 4: be paying a restaurant care.
- 24:28Speaker 2: Yeah.
- 24:28Speaker 4: Wow, you know we're oprahlend of words there with alistons.
- 24:32Speaker 3: Yeah, I mean I shouldn't have gone millions, but I
- 24:34Speaker 3: mean literally the cook case could be you've simply got
- 24:36Speaker 3: a family home in I don't know, Saint John's.
- 24:40Speaker 4: And that's what And that's over a million these days.
- 24:43Speaker 3: Although if one of them still living in the family home.
- 24:46Speaker 4: True, and there's different rules there. That's which is why
- 24:48Speaker 4: I'm saying, go to the professionals and have a look
- 24:50Speaker 4: at that application with the professional So that's just.
- 24:52Speaker 3: One call and we see how complex it is. So
- 24:55Speaker 3: let's continue and see where we go. Now with Brendan, Hello,
- 25:01Speaker 3: good good.
- 25:02Speaker 6: Yes, good good. Look Look I haven't got a trust,
- 25:07Speaker 6: but look I've been in the building trade most of
- 25:10Speaker 6: my life. Look do you use the word At the
- 25:14Speaker 6: beginning of your speel, there was there was devious and
- 25:18Speaker 6: integrity built into you.
- 25:21Speaker 3: Said, traditional duties and all that.
- 25:25Speaker 6: If people owe money, and people owe creditors, why should
- 25:30Speaker 6: their assets be protected so they don't pay them. It
- 25:34Speaker 6: just seems like it's shirking their financial responsibilities to pay
- 25:39Speaker 6: their debts. They hide their money and a trust and
- 25:45Speaker 6: then you know, the poor plumber or the or placemakers
- 25:49Speaker 6: or whatever say, should you go us, Oh no, you
- 25:52Speaker 6: can't touch that. It's all on a trust which you
- 25:54Speaker 6: can't touch our house. I mean that that's much. Really,
- 25:59Speaker 6: it's really immoral.
- 26:00Speaker 3: Well okay, let's but that's a lot of the objections
- 26:03Speaker 3: of people that are such and such. It's good it
- 26:05Speaker 3: all wrapped up in a trust.
- 26:06Speaker 4: You know.
- 26:07Speaker 3: Anyway, Janet, what's you.
- 26:09Speaker 4: And I can understand that perspective. But there's also the
- 26:12Speaker 4: other perspective, Brandon, and that is this if everybody who
- 26:17Speaker 4: who goes into business with the with the best will
- 26:19Speaker 4: in the world, they're not out to, you know, to
- 26:22Speaker 4: rip anybody off. But but but issues happen which may
- 26:27Speaker 4: be no fault of their own. And I'll give you
- 26:28Speaker 4: a little example in a moment. If everybody starts off
- 26:32Speaker 4: like that, then you might get to find that New
- 26:34Speaker 4: Zealand no longer has an entrepreneurial spirit and nobody actually
- 26:37Speaker 4: wants to take the chance of going into business. I'm
- 26:40Speaker 4: going to give you an example of how how somebody
- 26:43Speaker 4: can end up in trouble and it's no fault off
- 26:45Speaker 4: their own.
- 26:47Speaker 6: That's just that's just an example.
- 26:49Speaker 4: But I mean, and and our land and our landscape
- 26:53Speaker 4: is littered with them, littered with them, these examples. So
- 26:57Speaker 4: here is an instant where you are in business and
- 27:01Speaker 4: you're going to do business with somebody else and they
- 27:04Speaker 4: can't pay you, and so you end up not being
- 27:06Speaker 4: able to pay you know, your creditors. So it's a
- 27:09Speaker 4: run on effect. Now that's not that's not your fault,
- 27:11Speaker 4: that somebody else has fault possibly, but that's a domino effect.
- 27:16Speaker 3: It's also pointing out, Brendon, that we do have a
- 27:19Speaker 3: company structure in New Zealand where unless you have been
- 27:22Speaker 3: I mean increasingly they can be looked through. But we
- 27:24Speaker 3: still we have a company structure where you set up
- 27:26Speaker 3: your business, you have the right amount of capital backing
- 27:29Speaker 3: it up, and you go from there. And and the
- 27:31Speaker 3: trust is a step behind that in terms of protecting
- 27:34Speaker 3: the family home and stuff. I mean, it's a funny one.
- 27:36Speaker 3: I can understand what you say, though, I.
- 27:37Speaker 4: Mean, I see two sides to the argument.
- 27:41Speaker 6: Yeah, is that you know, you get these people that
- 27:44Speaker 6: are owned you know, you know, a million dollars and
- 27:47Speaker 6: they get ten cents from a dollar or something, you know,
- 27:49Speaker 6: because it's all the rest is in the trust and
- 27:51Speaker 6: they and they've still got there a couple of homes
- 27:54Speaker 6: in their beach place and there you know, luxury cars
- 27:58Speaker 6: and those people. Yeah, the people that are owned Bodley Squat.
- 28:05Speaker 5: Really.
- 28:05Speaker 3: Yeah, It's it's constantly a trick, key ethical issue, and
- 28:09Speaker 3: I think you know, there are a lot of people
- 28:11Speaker 3: listening to I mean there It is a tricky issue
- 28:13Speaker 3: because you do get people who you know, that are
- 28:15Speaker 3: the creditors through no fauld of their own. They're the
- 28:17Speaker 3: ones who get left out of pocket.
- 28:18Speaker 4: Whereas yeah, as I say, I can unders I can
- 28:22Speaker 4: understand both both sides of the coin in an issue
- 28:26Speaker 4: like that. But I can assure you the trust that
- 28:28Speaker 4: we set up and that we're involved in the people
- 28:31Speaker 4: behind those trusts are genuine, genuine people that are in
- 28:36Speaker 4: business and want to do well in business.
- 28:38Speaker 3: I think the thing is is that often high profile
- 28:42Speaker 3: there are hope, high profile cases where you think, got
- 28:45Speaker 3: somebody's company's gone bying and they're still cruising around in
- 28:48Speaker 3: a Lamborghini and all their creditors have been unpaid and
- 28:51Speaker 3: stuff and we can all think of examples where we go, well,
- 28:53Speaker 3: that's just something's wrong there.
- 28:55Speaker 4: Yes, yeah, and I do take do take the point.
- 28:59Speaker 3: But it's probably worth pointing out that there is quite
- 29:01Speaker 3: a hope there's some high profile cases where people may
- 29:04Speaker 3: have been looking like they've been leaving high in the hog,
- 29:06Speaker 3: but actually the government's looking through their business dealings and
- 29:09Speaker 3: whether they've behaved in the right manner and they actually
- 29:12Speaker 3: are actually getting a certain come up. And it's without
- 29:14Speaker 3: mentioning names, but we can always imagine certain cases which
- 29:17Speaker 3: attract our attention in that respect. But you know what
- 29:19Speaker 3: we have to do next before we go to Jody.
- 29:21Speaker 3: Is we going to take a quick break? Oh eight
- 29:24Speaker 3: hundred eight ten eighty twenty three minutes to six, Yes,
- 29:33Speaker 3: News Talk. Se'd be with Tim Beverage. My guest is
- 29:36Speaker 3: Janet Zuccoa. She's managing director of New Zealand Family Trust
- 29:39Speaker 3: Services Limited, talking about trusts. Any questions you've gotten, As
- 29:42Speaker 3: I say, you got to get in early because we'll
- 29:44Speaker 3: run out of time. But let's go to Jody.
- 29:47Speaker 5: Hello, Hello, Hello, you good.
- 29:50Speaker 3: Thanks.
- 29:51Speaker 7: I have a family, a trust in that my father's
- 29:55Speaker 7: house when he passed away was left in a living
- 29:58Speaker 7: trust for me to be able to live in and
- 30:02Speaker 7: to have financial benefit from an example, to rent to
- 30:07Speaker 7: the house, and then when I pass, it goes to
- 30:11Speaker 7: my three children, who are who I suppose are the owners.
- 30:16Speaker 7: So in effect, I'm maintaining a property for the benefit
- 30:19Speaker 7: benefit of my children, which is a great thing.
- 30:22Speaker 4: You're a life benefit, I'm sure you aren't you, Jody.
- 30:24Speaker 4: You know you've got like a life interest in it.
- 30:27Speaker 7: A life interest, that's right, And it does seem like
- 30:33Speaker 7: a burden at times. It feels like I'm maintaining this
- 30:35Speaker 7: property for the benefits Further down the track, one of
- 30:43Speaker 7: my children is old enough now, they've just graduated with
- 30:47Speaker 7: quite a prominent you know, a good sensible degree and
- 30:52Speaker 7: can earn enough money. I'd like to know whether I
- 30:56Speaker 7: can draw on the the assets the equity in this
- 31:02Speaker 7: house and be able to use that for who to
- 31:07Speaker 7: be able to buy another property, to be able to
- 31:10Speaker 7: set her up before I die, because I'm quite good
- 31:14Speaker 7: health at the moment, so I'm not planning on popping
- 31:16Speaker 7: the cross anytime soon. So i want to know how
- 31:21Speaker 7: good damn how do I benefit my children?
- 31:26Speaker 4: Depend on the terms of the trusteed, So you'll need
- 31:30Speaker 4: you'll need somebody to read that trusteed and really help you,
- 31:34Speaker 4: help you through that to see what could actually be
- 31:37Speaker 4: done using the assets now to benefit the beneficiaries.
- 31:45Speaker 3: Who set the trust up.
- 31:48Speaker 7: My father set the trust up, and he did it
- 31:50Speaker 7: in this way, I think because my partner wasn't very
- 31:54Speaker 7: good with business. He was about to go bankrupt, and
- 31:58Speaker 7: I was really worried that I would be bullied and
- 32:01Speaker 7: pressured and.
- 32:02Speaker 5: To be having put.
- 32:06Speaker 7: Exactly And that was a very real and.
- 32:09Speaker 4: That's another reason why why we have trust. We are
- 32:12Speaker 4: going to have a massive transfer of wealth from generations
- 32:15Speaker 4: in the next twenty odd years, and a lot of
- 32:18Speaker 4: people are worried. A lot of parents are worried that
- 32:21Speaker 4: when the wealth transfers to their children who are who
- 32:24Speaker 4: are adults, but we'll call them children who are who
- 32:27Speaker 4: are children, that should anything happen in the child's relationship,
- 32:32Speaker 4: that the inheritance goes sidewards, that it's you know, it's
- 32:36Speaker 4: fifty to fifty and you do that a couple of times,
- 32:38Speaker 4: and you know you end up with them.
- 32:40Speaker 3: About fifteen percent consent. Yeah, Actually, there'll be a lot
- 32:45Speaker 3: of eccet your your kids. They are actually beneficial beneficiaries.
- 32:52Speaker 3: You are the life beneficiary sort of whose interest precedes them.
- 32:56Speaker 4: Yeah. Yeah, so I think what JODI's saying is she
- 32:59Speaker 4: gets the use of the assets, but they're really her
- 33:02Speaker 4: held in preservation ultimately for the final beneficiaries, which which
- 33:07Speaker 4: from this conversation appeared to be the three children.
- 33:09Speaker 3: Because sometimes an example of that would be, for instance,
- 33:12Speaker 3: you might be the life beneficiary of a property, so
- 33:15Speaker 3: you basically the family home goes to Jody and her
- 33:19Speaker 3: children get to benefit later on. Can that create problems
- 33:23Speaker 3: with Jodie's like, well, that's very nice, but I'd like
- 33:25Speaker 3: to sell this and get a different house.
- 33:28Speaker 4: Well, it can, but again the terms of the trusteed
- 33:32Speaker 4: may well be wide enough to permit.
- 33:34Speaker 7: It, okay, And there are allowances for when I become
- 33:38Speaker 7: a little old lady if this property isn't suitable, one
- 33:43Speaker 7: can be secure. But of course, to financially help the
- 33:47Speaker 7: children into their own homes, yes, before say they're in
- 33:51Speaker 7: their late forties.
- 33:52Speaker 8: Yeah, that's the real question.
- 33:55Speaker 4: That's a very good point. So a lot of parents
- 33:57Speaker 4: are you know, are doing that these days. In fact,
- 34:01Speaker 4: I've just written an article on that. It's going to
- 34:03Speaker 4: be on our website in the next three days. But
- 34:05Speaker 4: I've just written that article on how to help your
- 34:07Speaker 4: children and to enter a home, and it may well
- 34:10Speaker 4: be using a trust so that your pets, so that
- 34:12Speaker 4: the parents giving the money or providing providing the werewall
- 34:17Speaker 4: to as a deposit or even a large large portion
- 34:20Speaker 4: of the purchase price, can ensure that it is protected
- 34:23Speaker 4: in relationship times.
- 34:25Speaker 3: Yeah, so it looks like you'll need to get a
- 34:26Speaker 3: bit of advice on the text of that trust there, Jodi.
- 34:29Speaker 3: But it might be doable.
- 34:31Speaker 4: Maybe doable.
- 34:32Speaker 3: Yeah, good on your Jody, really appreciate your call on that.
- 34:36Speaker 3: Let's go to Emma.
- 34:39Speaker 8: Hello, Hi, Hi guys, Hey, this might be how long
- 34:43Speaker 8: is a piece of string cup question? Jenna. I'm just
- 34:48Speaker 8: wondering if you've got original settler pass trusted up about
- 34:53Speaker 8: nineteen props at nineteen years ago. Three trustees that have
- 34:56Speaker 8: been there ever since the original settler's dead, four beneficiaries.
- 35:00Speaker 8: One beneficiary has taken umbrage with the way the trust
- 35:03Speaker 8: has been run. How long? And you've got two cases
- 35:06Speaker 8: slugging it out. A lawyer friend of mine set these
- 35:10Speaker 8: people that make the money. Here are the lawyers it's
- 35:12Speaker 8: been slugged at? How long? How long years can you
- 35:15Speaker 8: expect it to go on? I know it's a bit
- 35:17Speaker 8: of a piece of strength, you know, but really within reason,
- 35:20Speaker 8: you know, like how long?
- 35:23Speaker 9: It's not that quock be another.
- 35:25Speaker 3: Way to phrase the question, how quickly could we hope
- 35:27Speaker 3: to have it sorted well?
- 35:29Speaker 8: With the new laws that came out twenty nineteen. Surely
- 35:31Speaker 8: it's a lot clearer now, isn't it. I mean, it's
- 35:34Speaker 8: not that complex if you specialize in it. I don't
- 35:36Speaker 8: get so the legislation.
- 35:39Speaker 4: Has indeed helped us. It has helped us, and in
- 35:42Speaker 4: that regard, it has strength and beneficiaries rights, and it's
- 35:45Speaker 4: how trustees, especially professional trustees, independent trustees, more accountable. And
- 35:50Speaker 4: it does provide mechanisms for example if, for instance, if
- 35:57Speaker 4: people can't agree, then there is always the result to
- 36:01Speaker 4: the courts. But I'd like to think that professional trustees
- 36:04Speaker 4: can sit down and have national conversations. And if it's
- 36:08Speaker 4: beneficiaries or odds with each other, then really trustees can
- 36:12Speaker 4: call meetings with beneficiaries and say well, this is what
- 36:14Speaker 4: we're tabling and this is the reason why.
- 36:17Speaker 8: So it's not happening though you've got two cases, like
- 36:19Speaker 8: I say, slugging it out and.
- 36:21Speaker 4: Other other trustees independent trustees where they also beneficiaries of.
- 36:25Speaker 8: The trust independent one is not though, so.
- 36:29Speaker 4: So one is a trustee beneficiary? Is that correct?
- 36:32Speaker 7: Yes?
- 36:32Speaker 8: Yes, I'm just thinking how long, you know, really and
- 36:35Speaker 8: truly what's reasonable? I guess it could go for years,
- 36:38Speaker 8: couldn't it that regard.
- 36:40Speaker 3: Astronomical The cost would be dreadful.
- 36:43Speaker 4: I would think if it goes on and on like that.
- 36:45Speaker 4: But in that regard, if it's only one beneficiary, the
- 36:49Speaker 4: trustees have a duty to all of the beneficiaries. So
- 36:54Speaker 4: to a degree, the trustees have to step in and
- 36:56Speaker 4: try and bring some resolution to matters. I would have.
- 36:59Speaker 8: Thought, mm, okay, yeah, I'm just.
- 37:06Speaker 4: What what what can you call them eating with the trustees?
- 37:11Speaker 8: M yes, yes, but yeah, just one is not, so
- 37:16Speaker 8: I can't say too much. But it's just interesting. I
- 37:18Speaker 8: just thought, you know, as an outsider, because I loved
- 37:20Speaker 8: law and looking at it, and it's just being involved
- 37:22Speaker 8: as well though. I was just thinking, how long can
- 37:24Speaker 8: this possibly go on? You know? Like I said, the
- 37:26Speaker 8: only people making all the money in the moment of
- 37:28Speaker 8: the two cases, yes.
- 37:29Speaker 3: Involved, but like most animosity and divorces, I think the
- 37:34Speaker 3: only one is out of those.
- 37:38Speaker 4: Matters can indeed be they can be helped either by
- 37:43Speaker 4: the courts or buy mediation. But in the very first instance,
- 37:46Speaker 4: I like to think that the trustees will sit down
- 37:48Speaker 4: because they and have a good chatter, because they they
- 37:51Speaker 4: do have duties to all beneficiaries, not just one beneficiary.
- 37:55Speaker 8: Yeah, sorry, you benefit.
- 37:57Speaker 3: What's your position here?
- 37:58Speaker 8: I don't want to say too much. I really don't.
- 38:00Speaker 8: Not not on there, and if that can't work, then
- 38:03Speaker 8: the courts will sort it out pronto, hopefully, you know.
- 38:06Speaker 3: I do have just why you're on the line. I
- 38:09Speaker 3: just asked this question. I mean, could M speak to
- 38:12Speaker 3: without you know, as since you talk to the cass
- 38:14Speaker 3: But is there a way of MS seeking advice from
- 38:17Speaker 3: somebod who's just you know, knows a few things about
- 38:19Speaker 3: trust to have a look at it? I mean, could
- 38:21Speaker 3: they talk, could she talk to you? Or you could?
- 38:24Speaker 4: Indeed you've you know, our company, New Zealand Family Trust Services.
- 38:28Speaker 4: So in the first instance, I do take a lot
- 38:31Speaker 4: of course from people and then can help them a
- 38:33Speaker 4: little bit along their way.
- 38:34Speaker 3: And you can manage that as well if you want to.
- 38:36Speaker 3: That's my suggestion, by the way, not not janets the MS.
- 38:39Speaker 3: So if you want to if you want to.
- 38:41Speaker 4: Seek some advice right place, if you've got a great
- 38:43Speaker 4: lawyer who knows about trust, so I would have a
- 38:47Speaker 4: chat to them.
- 38:48Speaker 8: Yeah, so you would say it's pretty specialized. Feel thank
- 38:50Speaker 8: you very much. And guys, okay, thank you appreciate it.
- 38:53Speaker 3: These just as every time we get you on I
- 38:56Speaker 3: sort of think, God, this is actually quite fascinating this stuff.
- 38:59Speaker 3: We could talk for quite a long time, but unfortunately
- 39:00Speaker 3: we don't have much time, but we'll come back. We'll
- 39:02Speaker 3: see if we can squeeze on a call with Ryan
- 39:03Speaker 3: before we wrap things up. It is very quick call.
- 39:07Speaker 3: It is ten and a half minutes to six news talks.
- 39:09Speaker 3: He'd be it's time to squeeze it. One more call
- 39:26Speaker 3: with Janet's ACA from New Zealand Family Trust Services. By
- 39:29Speaker 3: the way, if you do want to actually get some
- 39:30Speaker 3: advice on trust, you're welcome to get in touch with
- 39:32Speaker 3: New Zealand Family Trust Services and asked for Janet and
- 39:35Speaker 3: I'm sure she'd love to help you. But anyway, let's
- 39:36Speaker 3: see if we can squeeze in one more quick bit
- 39:38Speaker 3: of advice or help not we're not personalized advice, of course, Ryan, Ullo.
- 39:43Speaker 9: Sam, how are good. Thanks, good. I'm just bringing So
- 39:48Speaker 9: I was recently contacted by a family friend who just
- 39:53Speaker 9: in conversation let me know that I was going to
- 39:56Speaker 9: be I am his trustee for two of his trusts.
- 40:00Speaker 9: And I don't really know what to say about that
- 40:02Speaker 9: or how I felt about that. But I suppose my
- 40:06Speaker 9: question is should I I want to find out from
- 40:09Speaker 9: him what the details of the trusts are in all
- 40:13Speaker 9: that sort of stuff, or.
- 40:15Speaker 4: Can I just understand that again? So your your friend
- 40:19Speaker 4: said that you are a trustee of the trust or
- 40:22Speaker 4: did he say you were bene fishery of the trust?
- 40:26Speaker 9: He said, I'll be the trust trustee.
- 40:28Speaker 4: You're going to be the trustee or you are the
- 40:31Speaker 4: trustee now I am. Now, Well, if you were a
- 40:34Speaker 4: trustee now, you would have had to assigned documentation. Okay,
- 40:39Speaker 4: that's the first thing I had to now. Okay, So
- 40:43Speaker 4: you would have had to sign documentation. And then you
- 40:46Speaker 4: will be bound by the trust out twenty nineteen and
- 40:49Speaker 4: of course or the common law, and there will be
- 40:51Speaker 4: various things that you will need to be doing. A
- 40:54Speaker 4: quick example of that is that you will need to
- 40:57Speaker 4: know what consists of the trust fund and be dealing
- 41:00Speaker 4: with that appropriately. But I can't see how you could
- 41:03Speaker 4: be a trustee if you've never signed anything.
- 41:05Speaker 3: Is this person your friend?
- 41:08Speaker 4: Is it?
- 41:08Speaker 3: Because are they saying that they've got you in their
- 41:11Speaker 3: will as someone who's going to be having some responsibility
- 41:14Speaker 3: or something, or is it about it literally a trust
- 41:16Speaker 3: they say they've set up now.
- 41:19Speaker 9: So he's had some trust and he's had trusts, he's
- 41:23Speaker 9: had some falling out with some. Fairly, I guess, and
- 41:26Speaker 9: I guess I'm the closest thing is something at the moment.
- 41:30Speaker 9: And maybe I guess maybe I interpreted it wrong that
- 41:34Speaker 9: I'll go in to.
- 41:35Speaker 3: Be one or you might need to seek seek some
- 41:38Speaker 3: clarity from it.
- 41:39Speaker 4: But yes, so be very clear what exactly you are
- 41:42Speaker 4: now and what he wants you to do in the future.
- 41:44Speaker 4: But if you are a trustee, you do indeed have
- 41:47Speaker 4: duties now to attend to.
- 41:50Speaker 9: Yeah, because I was wondering whether I needed to find
- 41:53Speaker 9: out what the details of it.
- 41:54Speaker 3: And yeah, absolutely, yeah, Sorry, we can't add for more
- 41:57Speaker 3: help with theirs with it shorter time. I did want
- 42:00Speaker 3: to answer this quick text says Tim. We have a
- 42:03Speaker 3: trust as we have a business. We only have a
- 42:06Speaker 3: family home and the trust as it's our only asset.
- 42:08Speaker 3: It costs us approximately a thousand bucks a year to
- 42:10Speaker 3: run it. Should we keep it? Not specific financial advice,
- 42:14Speaker 3: but I would tend to think if you've gone to
- 42:16Speaker 3: the trouble of keeping your house and a trust, I
- 42:18Speaker 3: would tend to keep it.
- 42:19Speaker 4: Miss And if you're in business, yes, so that is
- 42:22Speaker 4: your that's your insurance policy that I was talking about before.
- 42:25Speaker 4: That's the asset protection, providing that it's actually run quickly.
- 42:29Speaker 4: We for for our fees were six hundred and ninety
- 42:32Speaker 4: five a year, and we hold an annual trustee meeting
- 42:34Speaker 4: with that, so I guess that's a little bit cheaper.
- 42:37Speaker 4: It's pretty important to make sure that things are done
- 42:40Speaker 4: annually to ensure the trust retains its integrity and stands
- 42:44Speaker 4: up should anything happen in that business.
- 42:46Speaker 3: I probably wouldn't hurt to get a little bit of
- 42:48Speaker 3: advice from someone who's maybe not one of the trustees. Now,
- 42:51Speaker 3: just get some advice from someone about about why you
- 42:53Speaker 3: might want to keep it. That's all we can do.
- 42:56Speaker 3: But time flies, Janet, doesn't that mean at the end
- 43:01Speaker 3: of it.
- 43:03Speaker 4: Yeah, Married Christmas to you, Tim, and Merry Christmas to
- 43:07Speaker 4: all of our listeners. I hope you have a really
- 43:09Speaker 4: joyous and peaceful Christmas.
- 43:12Speaker 3: Indeed, And if you want to New Zealand Family Trust Services,
- 43:15Speaker 3: that's Janet Zuka z U c CooA. And thanks for
- 43:18Speaker 3: my producer Lock. Good job Lock, and I'll catch I'll
- 43:22Speaker 3: catch it tomorrow morning at nine o'clock the Christmas Christmas
- 43:25Speaker 3: Conveyor Belt starts. We'll catch you tomorrow. Open that bag.
- 43:44Speaker 1: For more from News Talk zed B. Listen live on
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