Need help avoiding family provisions claim (trusts, gold, crypto)?

Discussion in 'Wills & Estate Planning' started by JohnJ78, 30th May, 2021.

Join Australia's most dynamic and respected property investment community
  1. JohnJ78

    JohnJ78 New Member

    Joined:
    30th May, 2021
    Posts:
    1
    Location:
    Perth
    Hi, I'm in Western Australia,

    - I'm a single male, no kids,
    - I'm currently doing estate planning with lawyer, but she's not very helpful, or more likely, I'm asking for advice where I shouldn't. Totally new to this.
    - I am leaving my inheritance (all savings) to a friend who is slightly physically disabled (has capacity currently) . My friend (beneficiary) is in a 9 year long healthy relationship. But who knows what the future holds. The idea of using a trust to protect her assets against future divorce etc is an attractive idea.
    - I have parents that will certainly make a family provisions claim if I die first (cause that's what they would do).
    - Lawyer has mentioned that maybe I could create a trust for her rather than just leave it to her in my will (to prevent her from being taken advantage of by her family or future partners, and to prevent my family from making FP claim).
    - If I leave it in Testamentary trust, it still goes through probate right? Is it harder for my family to make a family provisions claim if its in a Test. Trust?
    - I have been quoted around 1.25% per year to professionally manage a trust . Does that sound about right?
    - I'm in Western Australia, who should I use to manage trust?
    - Excuse my ignorance.

    Any advice or guidance would be appreciated.

    Pretty much, if this was you.... what would you do?

    Thanks in advance.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,985
    Location:
    Australia wide
    I answered this on the other forum. I can think of a few strategies.

    If your current lawyer can't think of any you should try another.
     
    Ted Varrick and Paul@PAS like this.