Thats what I thought. Like you say if all assets are held in a trust then the executor will really have no role in relation to any aspect of the managment/transfer of the wealth. If there happens to still be an executor appointed by the testator in the will then that person may still be involved in organising the funeral and a few other things l…[Read more]

Ive just been reading a little online about the executors role upon death of the testator. My father said that my grandad once said he was the executor. "What are an executor’s responsibilities?In general terms, an executor's duty is to take charge of the deceased's assets and property, see that the funeral and administration expenses as well as d…[Read more]

Terryw,If i wanted to add a new beneficiary to the trust what would be the process involved and who would be able to make the decision?I am guessing it may be the director and/or trustee…Also I guess it would involve an ammedment to the trust deed.Also, does a resettlement need to occur in order to do so?

Oh, I was just curious about the certificate of title as I didnt really know what it means and they only told me by chance.I thought seeing as I knew there was one it may give me more leads to help understand the structure of the trust. Apparently not as they wont give me any names, rather only tell me that there is one.Not sure how much…[Read more]

Rang solicitor and accountant. Solicitor has copy of will and also a certificate of title to a property.I am quite certain the accountant has a copy of the trust deed, she however is going to have a look for it and im calling her later today to find out more. Terry what do you know about the certificate of titles to properties?

I think it would be a bit risky making a minor appointer anyhow. Thats a lot of responsibility esp seeing as that means the minor could replace the trustee. Probably not a good idea. So you can change appointers without resettling the trust. Can you change trustees and directors without resettling the trust?

Thanks again Terry. Tomorow im going to ring the solictor and the accountant to find out if they have a copy.

Sounds like I will need some time to read through and disect the trust deed.Also, if the solicitor has a copy of the trust deed, then may I make a copy of it with the permission of the trustee?He may say I can only have look at it. I might have to take some photos…hopefully grandad has a copy

Is it possible that director is also the appointer?

Okay, sounds like a bit of a process. For the time being I will just focus on getting the role of appointer transfered to me or my father. Then I need to figure out how the other one of us may become director

By saying "Get the shares" do you mean I would need to own 51% or more of shares in my own name? Could the appointer arrange that? If not, then who?

Terryw wrote:
I think you are confusing yourself again. If the company is the trustee then your grandfather is probably just director.down the track you wouldn't want to be trustee as there is some risk to taking on the role and you would also have to change title deeds to all property of the trust. Best to get a company as trustee and you be…[Read more]

Thats what I said, I said I think my grandfathers company is the trustee and grandfather is the director. Just let me know one thing for sure. Can the director change the trust deed or not?

Okay, yeh I said I think my grandfather is the director and the company of my grandfather is the trustee. Okay in that case my grandfather is able to change the deed. Also if I can convice my grandfather to make me or my father the next appointer then once it occurs say for example my father is the appointer then he may employ me to become the…[Read more]

Okay well what if my grandfather is not the trustee? Then I have to make contact with the trustee of the trust which may be a representative of a company…..

Considering the price how nessasary do you think the kit really is? I mean cant I just change the trust deed with the permission of my grandfather? Also, noticed they have an alternate name for the appointer, principal. I was reading a book on family trusts last night were they refered to it as guardian. Wish they would just make up their mind, lol.

"You can be both the Appointor and Trustee"Thats interesting, didnt think that would be possible.

Thanks for all your help Terryw,

I just had a couple words to my father about the appointer. He wants to know if the appointer could also be refered to as a executor?

Yeh well imagine if as a trustee you were having a secret relationship with your appointer (Also a beneficiary).