Wow, it certainly is a lot more complex than we first thought (and we first thought it to be complex)!! We really appreciate and value your time and advice, thank you Terry.

We have a writren loan document for each IP in the trust in the name of the individual trustees as trustees for the family trust and have previously claimed the interest in the trust (not personally). Is this loan document a sufficient written document of the loan for the trust to prevent such circumstances as you’ve mentioned? Or are you referring to the need for a clearly written document outlining the gift/loan to the family trust?

We have not financially benefited in any way from the trust, and do keep finances separate (aside from previously using our PPOR’s equity, which we will have a closer look at).

We will search for your e-book and will be interested to read your book on trusts. If you remember, please let us know when it’s available (although we may be a little out of our depth).

We still have a multitude of questions, partly as a result of what you’ve written which we appreciate. We knew we had a lot to learn, but you’ve provided some direction as to where we need to go from here.

Thank you,

M&S

• This reply was modified 9 years, 6 months ago by  M & S.

Hi Terry,

Just to clarify, our PPOR is not in our family trust and is not connected in anyway other than through the use of equity towards IP. We have separate bank accounts for our PPOR and our IP loans.

Could you please elaborate what part of our sructure could be in breach of the trust?

We value any advice you have as we would like to ensure we have the best possible structure/strategy in place to improve our chances of achieving our IP goals.

Our IP (in the trust) are in the trustees name’s.

Thank you in advance,
M&S

Hi Don,

Thank you for taking the time to reply. We really appreciate your advice and will take it on board.

M & S