Telephone (09) 309 3202
Facsimile (09) 309 3123
Areas of practise:
Services
Trusts and Asset Protection
Experience
We have considerable experience and expertise in the area of trusts. It is very important to be clear and consistent when preparing documentation that will be used decades in the future, often by later generations.
Effective
In order to be effective trusts need to be properly established and operated. It is not appropriate to provide an off-the-shelf solution in this complex and developing area of the law.
Informative
Trustees are personally liable for actions as a trustee. We are able to advise trustees on all matters pertaining to trusts including a trustee's duties and obligations as well as any rights of indemnity. Beneficiaries have certain rights under a trust. We can advise beneficiaries and trustee in respect of these rights.
Taxation
Taxation of trusts is a complex matter. We are able to advise how trusts are taxed both inside and outside of New Zealand. The text book Taxation of Trusts was written by a partner of Ayres Legal.
We are also able to assist in all matters pertaining to gifting and can advise on gift duty liability or risks.
Transactions
We are able to assist in transactions involving both passive asset owning family trusts and active trading trusts.
Second opinion
It is important to get it right the first time to avoid costly mistakes that may not be apparent until years in the future. We often provide clients with a second opinion on trusts previously established, and then assist with any restructure or variation of documents that is required.
Court
We advise on trust matters for court proceedings and act as expert witnesses.
Outside New Zealand
More clients are working and living overseas. We can give advice regarding the best options for trust establishment within and outside New Zealand. We can also advise clients who are immigrating or emigrating and how this will affect any trust of which they are a settlor or trustee.
Trustee company
We can offer you an independent trustee company to act as a trustee of your family or trading trust.
Wills
Wills are an important part of an estate planning programme and give you the opportunity to appoint a guardian for your children. Outstanding debts that are forgiven by will are not subject to gift duty. As well as providing for how you want your assets to be distributed following your death your will decides who is in charge of your affairs and confirms your wishes regarding the disposal of your body. Most importantly, a valid will ensures certainty and avoids the cost and difficulties that will arise for your family if you die intestate (without a will).