I have a number of properties in a discretionary family trust.
The background to this is at a lawyers trust seminar part of the benefits were that by putting your assets into a trust protected them from anyone making a claim on you personally. An example of this was at the time a Health Board was attempting to get payment from an elderly gentleman that had run up a sizeable bill but could not pay as he had no money, so the Health board was attempting to sell his home. The court basically said that was not possible as the home was in a trust. this being a completely seperate entity to the person it could not be touched. A few other examples were given.
Well I am in the position that one of my trustees has had to go on a sickness benefit. The last few years have been fine but now WINZ have said they want a copy of the trust deed and a list of assets.
I was going to comply but on second thoughts felt that this situation fell into the same category as above. ie a personal situation is completely seperate from the trust connection. I had the feeling that they want the trust to pay up.
Would I be right to inform them politely they do not have the right to look at this option.
I have recently sacked my lawyer over another matter as they were incompetant.
Any comments on this would be greatly appreciated.
The background to this is at a lawyers trust seminar part of the benefits were that by putting your assets into a trust protected them from anyone making a claim on you personally. An example of this was at the time a Health Board was attempting to get payment from an elderly gentleman that had run up a sizeable bill but could not pay as he had no money, so the Health board was attempting to sell his home. The court basically said that was not possible as the home was in a trust. this being a completely seperate entity to the person it could not be touched. A few other examples were given.
Well I am in the position that one of my trustees has had to go on a sickness benefit. The last few years have been fine but now WINZ have said they want a copy of the trust deed and a list of assets.
I was going to comply but on second thoughts felt that this situation fell into the same category as above. ie a personal situation is completely seperate from the trust connection. I had the feeling that they want the trust to pay up.
Would I be right to inform them politely they do not have the right to look at this option.
I have recently sacked my lawyer over another matter as they were incompetant.
Any comments on this would be greatly appreciated.


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