All Topics / Help Needed! / To Trust, or not to Trust…that is the question!

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  • Profile photo of wilrosewilrose
    Member
    @wilrose
    Join Date: 2006
    Post Count: 21

    I’ve just read Steve’s third (& latest) book, and completed the Wealth Guardian course…….as I understand it, the two key advantages of forming a Trust are: a) good protection from litigators and b) greater opprtunities to extend borrowings. The thing is, why would one not simply carry heavy public liability insurance (very cheap) to mitigate litigation risk, and are the financiers so daft that they don’t expect a balance sheet (personal and business) when loans are advanced to Trusts? (Which would highlight the personal guarantees of the trustees, sending a cautionary message to Financiers to limit lending to the margins/serviceability usually set in a personal entity structure?)

    Steve’s input on this would be very inetersting!

    regards

    wilrose[thumbsupanim]

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

    Hi

    Having a discretionary trust provides good protection for the assets held in trust. However, having a trust does not help with borrowing any extra. Lenders do look at credit reports and take personal incomes into account in servicing.

    Insurances are good to have, but they won’t always cover you. eg. The case about the person playing golf who accidently hit someone with a ball. insurance didn’t cover him because it was a charity game.

    Or what about if you have a small business and someone owing you a lot of money goes bankrupt, leaving you with a huge loss from which you cannot recover.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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