In our busy lives circumstances change and when circumstances change we can forget to attend to the important documentation associated with our Trusts.
The obligations and accountability of trustees is increasing, with beneficiaries of trusts asking many more questions. All trustees are jointly and severally liable for the debts of the trust and while sometimes trustees can limit their liability to the assets of the trust, trustees are personally liable if they have been negligent or dishonest.
Trusts are increasingly coming under attack from relationship failures, enforcement or punitive measures, sham or alter ego, transactions to defeat creditors and trustee failings.
An independent professional trustee can protect your trust from any third party threat and ensure that your trust is managed and administered in a proper and professional manner.
Our proactive service will ensure that you think about:
- reviewing your Wills every 2 – 5 years
- forgiving any debt back to the trust
- updating your Memorandum of Wishes every 2 – 5 years
- making sure you are familiar with the contents of your trust deed
- the impact of major decisions you have made every six months
- the need for a Power of Attorney
If you have appointed RSM New Zealand as an Independent Trustee of your Trust our trust administration service will be obligatory.
In order to ensure that your trust files are kept up to date and will stand up to legal scrutiny, your Trust will be managed by our dedicated Trust Administrator who will:
- retain and assist in maintaining the records of your trust
- remind trustees and the trust’s solicitor of significant milestones and dates
- liaise with the trust’s solicitor as required
- prepare appropriate minutes and obtain signatures of trustees on the minutes
- circulate half yearly questionnaires to ensure all major decisions are documented