What about trust? --- I mean a family trust.

Not Bob Johnson, Oprah Winfrey, or Shaquil O'Neal --- you may still benefit from a family trust.

It used to be that only the extremely wealthy set up trust funds for their children and grandchildren. Today, with ordinary people becoming millionaires through the increased property value of their homes, stocks, and retirements accounts. Trust funds are becoming more commonplace. Parents and grandparents in this category are undertaking estate planning to preserve their wealth and minimize death taxes.

The term family trust refers to a discretionary trust set up to hold a family's assets or to conduct a family business. Generally, they are established for asset protection or tax purposes.

A family trust:

• is generally established by a family member for the benefit of members of the 'family group';
• avoid unnecessary stress by dealing with inheritance issues before death.
• gain peace of mind in the knowledge that property will pass upon the terms of the trust after death.
• avoid delays after death. Properties in Family Trusts may be sold without a Grant of Representation. The trustees can sign all the paperwork.
• can be the subject of a family trust election which provides it with certain tax advantages, provided that the trust passes the family control test and makes distributions of trust income only to beneficiaries of the trust who are within the 'family group';
• can assist in protecting the family group's assets from the liabilities of one or more of the family members (for instance, in the event of a family member's bankruptcy or insolvency);
• properties in Family Trusts may be sold without a Grant of Representation. The trustees can sign all the paperwork.
• provides a mechanism to pass family assets to future generations; and
  can provide a means of accessing favourable taxation treatment by ensuring all family members use their income tax "tax-free thresholds".
• benefit from tax advantages. In most cases, there is no Capital Gains Tax or Income Tax payable by transferring your home into a Family Trust. Inheritance Tax will remain unaffected.

A family trust has many other potential benefits, including avoiding issues such as challenges to the will following a death of a senior member of the family.

Important note
This page contains only the briefest of summaries relating to Family Trusts. It is not a substitute for full legal advice. Advice can only be given after consideration of all relevant facts. This is a complex area of law and therefore any planning should be done on the advice of an expert, in order to ensure as far as possible the protection of the estate.