All Topics / Legal & Accounting / Trusts – Protection or Not??

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  • Profile photo of JULES1JULES1
    Participant
    @jules1
    Join Date: 2003
    Post Count: 147

    At the last seminar that Steve ran in Melbourne, he mentioned that on his purchases where he uses a Trust, he at times has also had to give a personal guarantee for the loan..

    If you give a personal guarantee, does that not really completely dilute your protection???

    If someone knows the answer then I would be grateful for your advice.

    Juls

    JULES1
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    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    No.

    What is someone sues you for farting in an elevator, and you go bankrupt. Your trust assets will probably be safe.

    If you decide to stop paying the trust loan, then the bank will come after it, and then the guarrantor if there is not enough. This is expected, and fair.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of JULES1JULES1
    Participant
    @jules1
    Join Date: 2003
    Post Count: 147

    Thanks Terryw. But why bother with Trusts & Companies if you go an give a personal guarantee. Sounds like a waste of time & money setting up a structure to protect your assets it you then leave yourself wide open personally.

    Don’t understand this!!!!!
    Juls

    JULES1
    Email Me

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi Jules

    I think you still misunderstand. The guarrantee only relates to the loan, you can still be attached from other angles, and a trust helps protect you from these.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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