Need advice please !

Dear all, I have a situation I do not know how to approach. Can you help?

This is the story:

I changed accountant this year because my old accountant from 10 years, was good for just the ordinary tax return but when I started asking questions about business, he was always too distant and not available. Therefore, I changed for a local accountant who at first seemed just what I needed.

I came to see him first time, and explained I have a few investment properties in my wife’s name, and mine but that was planing to build a larger property portfolio and that according to some seminars I attended I understood a discretionary trust with a company as a trustee would be the structure I would need.

He went to great lengths to tell me how he agreed, even showed me the few disadvantages, talked about some expert barristers who would draw the deeds, and how the one you buy from firms ready made are no good etc.

After, we had to be stuck into our two personal tax returns, my daughter and son in law came on board too, and finally it was the turn for the trust to get started.

I called him short after our tax returns were completed saying if we could start the trust according to our previous conversation.

Here is when he seemed to change tune. First, he told me he was busy and he could do it in a month time.
I explained I had two properties that I was looking at the contracts right now and that since they are both positive cash flow I wanted them to start my trust.

He then starts telling me he wanted instructions from a solicitor. I said what solicitor? He insisted that he wanted instructions from the solicitor that would do the conveyancing.

A bit reluctant I called the firm in Queensland that will do these two jobs for me, (I live in Sydney) and got the solicitor on the phone. The guy very down to earth told me candidly that he knows little about Trusts and when he has one for his own family, he trusts his own accountant with the expertise necessary and so should I, and that he did not know what he should tell him.

So back to square one, I asked my accountant if he had a solicitor in Sydney I could consult.
He gave me a name and I called the same day. This fellow went on to explain to me what I already know and that the expense of such structure is justified only if I plan to build a substantial portfolio.
I said, I will fax you one of the contracts for my next purchase for you to handle and could you please call my accountant?
He said yes, but after 2 weeks of silence and five unreturned phone calls, I gave up and asked my accountant for another expert. My contract is still sleeping in the office of the sydney solicitor, go figure!

This second solicitor seemed a bit clueier, gave me a long speech with a lot of detailed tax information, and agreed that discretionary trust and company was the way to go for me. Still coincided with me that no “instructions” were needed since it is an accountant job to do this unless I had complex needs and then must seek the advice of a tax solicitor.

Happy to finally strike a sensible chap, I ring my accountant to say that his contact was so good and that now that I know all is good, can you please get my trust and company started. I had to laeve this message with his secretary.

No answer.

Today on the way back from picking up my little daughter from school, I stopped by to expedite things.

Well guys, I never felt worst in my life. I felt like I was in the principal’s office after cutting the teacher’s cat’s tile off.

The conversation was tense and went back and forth.
He was adamant he would not do anything unless I give him written instructions from a solicitor that I seek legal advice on the matter. Not only that, he went on to say that he did not understand why I was going around in circles, and that what was the problem.
Did you talk to the solicitor I gave you ws the question. I said yes. What’s his name? I draw a blank, I think Michael? MM he replies, you dont’t even know his name how can he be givne you advice? (In fact Michael WAS his name)

I kept my cool and plaid dumb and said that I was the ignorant and he was the expert, I want the trust, so what is the hold up? A letter? All three solicitors had told me that they did not know what sort of instructions an accountant would want, but that if it was that important to him I will have to set an appointment with a solicitor and pay for such letter.

I went on to say if he had any difficulties to do this job, to what he replayed no, then I asked if perhaps it was his opinion I should not do it and that I am wasting my money, to what he replied “no comment, because if I advise you against it you can sue me.”

At this point in time, I decided that despite the nice air conditioning in his office I was better off outside and walk back to the car despite 38C.

I just came back and still am not over the feeling of uneasiness. Hard to put in words.

What on earth should I do now?

I do not think the person is incompetetent in fact I think he is rather good.

What it seems is that he does not trust me for some reason unknown to me. But he is the accountant, I am not going to marry him nor his daughter aren’t’ I?

Is this normal behaviour? Should I bite the bullet, pay the $100 or 200 the solicitor is going to charge me for a useless piece of paper to make him happy and get the job done?

Considering that I have neither BO nor halitosis nor have I let anything go in his office, (conceded I have a german surname something some consider offensive) I have a slight accent and usually people tend to like me, can you from this story see what I am unable to see? Have I broken some mysterious unwritten rule?

May God bless you
and prosper you.
Marc