Costs and Risks

Costs

The costs of forming a trust can vary hugely, but will often be in the $2-3,000 range. These costs should include not only the trust deed, but also all of the other documents and transactions: sale and purchase contracts for property, acknowledgement of debt, mortgage alterations, conveyance of property, letter of wishes, gifting, new will and more. There can be quite a long list.

Check with your adviser that any quote to set up a trust includes all of the different aspects that need to be completed to get things set up and gifting underway. The first of the gifts that you make should be included in the quote.

Risks of trusts

If a trust is not formed or managed well, there can be considerable inconvenience and cost.

You could also run the risk of having the trust declared a sham, which would mean that the assets are not really the trust’s but are in fact still yours. This can mean that a residential care subsidy is declined, there may be more tax to pay (with penalties) and assets can even go out of the family.

If the trust is a sham you may lose all of the advantages that you were hoping to gain from it, and may be penalised as well. There have been cases of family members suing other family members for a breach of the trust’s provisions. The courts treat claims of this sort quite seriously and they will normally be expensive to resolve.

Forming a trust is a big decision. If you are going to form one, make sure that it is established properly and managed well.