AdamN said:Hi Nigel,
That's interesting. I was under the impression that if a corporate trustee was sued then assets of that company (with say a paid up capital of $2) would be the only loss and the appointers could just replace the corporate trustee with a new company, leaving the trust assets out of reach. But from your reply, you seem to indicate that it's not as straightforward as that ?
Also, at the moment my wife and I are the indivudual trustees of the trust and as such we were able to obtain 95% LVR for our IPs. We were looking to convert to a corporate trustee instead, however I understand that we would probably not be entitled to a 95% LVR. 80-90% more likely, meaning that we've need to pour in more after tax dollars. Thoughts ?
I've also been advised that as long as there is no perceived risk of the trust ever being sued, then there is probably no need for us to convert from individual to corporate trustee. With that in mind, if the trust is really only a "holding" trust" so to speak, what sort of actions would we have to undertake for us to be prone to getting sued ?
Thanks.
"Perceived risk of being sued". We all probably think we'll never get sued. It may be that your risk is low and as long as you understand there is a risk and are prepared to accept that and have SANF then that's okay.
Otherwise:
Step 1, get a revaluation.
Step 2, see your legal adviser
Step 3, talk to your bank, and tell them your legal advice is that you should change trustee of your trust to a corporate trustee. If required you're happy to give a guarantee as directors of the company to the bank (well you're not really happy but it's the factor which will make the change acceptable to the bank). If current bank won't come to the party talk to another or find a good mortgage broker to do the hustle for you...
Step 4, do the paperwork to change trustee
Step 5, do and lodge the paperwork with land title register to change recorded trustee.
For future acquisitions you could set up a trust with corp t'ee.
Cheers
N.