Setting up a trust to gift property/asset protection

Discussion in 'Legal Issues' started by Jingo, 27th May, 2022.

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  1. Jingo

    Jingo Well-Known Member

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    I have a friend whose parents are wanting to gift him and his brother an investment property.

    Rather than gifting in personal names, their parents are wanting to establish a trust to provide asset protection from their son's spouse/partner.

    Will asset protection be best achieved by setting up the trust in a company name with the sons as beneficiaries?
    Are there specific types of trusts that may be best for achieving asset protection?

    The property is in Victoria - I'm guessing capital gains tax and stamp duty will need to be paid?

    Can anyone suggest a reputable and knowledgeable lawyer who deals in trusts and can provide accurate advice?

    Appreciate all thoughts and ideas.
     
  2. Terry_w

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

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    Bad idea probably. They should seek legal advice