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If your trust's gathering dust, check it's not an 'alter ego'

Many New Zealanders' trusts won't stand up in court, warn experts. Rob Stock reports.

Monday, October 25th 2004, 8:27AM

by The Landlord

Legal eagles are warning New Zealanders to get their family trusts reviewed because tens of thousands of them would not stand up in court.

Lawyers Richard Taylor of Taylor Grant Tesiram and trust expert and author John Brown say many family trusts would fall foul of rulings grouped under the new buzz-word in trust-busting - the "alter ego" trust.

There are 231,000 trusts registered with the IRD, touching the lives of an estimated one in five New Zealanders.

They are there to protect assets for their beneficiaries and often to provide for those benefits to be passed on to the next generation.


Often trusts are set up by business people who fear creditors may one day come after their home should their business go belly up.

Sometimes they are set up by people who worry old age care homes will eat up all their assets before the state steps in to help.

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Lender Flt 1yr 2yr 3yr
AIA - Back My Build 3.34 - - -
AIA - Go Home Loans 5.89 4.49 4.49 4.79
ANZ 5.69 5.09 ▲5.29 ▲5.69
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - 4.49 ▲4.69 ▲5.09
ASB Bank 5.79 4.49 4.49 4.79
ASB Better Homes Top Up - - - 1.00
Avanti Finance - Near Prime 6.35 - - -
Avanti Finance - Specialised 7.55 - - -
Basecorp Finance 6.35 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Classic - 5.99 5.69 5.69
BNZ - Mortgage One 5.94 - - -
BNZ - Rapid Repay 5.94 - - -
BNZ - Std 5.84 4.49 4.49 4.79
BNZ - TotalMoney 5.94 - - -
CFML 321 Loans 3.95 - - -
CFML Home Loans 6.05 - - -
CFML Prime Loans 6.25 - - -
CFML Standard Loans 6.95 - - -
China Construction Bank 6.44 4.85 4.95 4.95
China Construction Bank Special 6.44 5.85 5.95 5.95
Lender Flt 1yr 2yr 3yr
Co-operative Bank - First Home Special - 4.35 - -
Co-operative Bank - Owner Occ 4.99 4.45 ▲4.79 ▲5.09
Co-operative Bank - Standard 4.99 4.95 ▲5.29 ▲5.59
Credit Union Auckland 7.70 - - -
First Credit Union Special - 4.79 4.95 -
First Credit Union Standard 6.49 5.39 5.55 -
Heartland Bank - Online 5.30 5.89 - -
Heartland Bank - Reverse Mortgage 7.99 - - -
Heretaunga Building Society 7.45 5.90 5.80 -
ICBC 5.39 4.25 4.59 4.79
Kainga Ora ▼5.69 ▼4.49 ▼4.49 ▼4.79
Lender Flt 1yr 2yr 3yr
Kainga Ora - First Home Buyer Special - - - -
Kiwibank 5.65 5.39 5.39 5.65
Kiwibank - Offset 5.65 - - -
Kiwibank Special 6.15 4.49 4.49 4.85
Liberty 6.65 6.55 6.22 6.20
Nelson Building Society 6.49 4.59 4.59 -
Pepper Money Near Prime 6.55 - - -
Pepper Money Prime 5.99 - - -
Pepper Money Specialist 8.00 - - -
SBS Bank 5.84 5.09 5.09 5.39
SBS Bank Special - 4.49 4.49 4.79
Lender Flt 1yr 2yr 3yr
SBS Construction lending for FHB 3.74 - - -
SBS FirstHome Combo 3.29 4.29 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 7.99 - - -
TSB Bank 6.59 5.19 5.29 5.59
TSB Special 5.79 4.39 4.49 4.79
Unity First Home Buyer special - 3.99 - -
Unity Special ▼5.79 4.49 4.65 -
Unity Standard ▼5.79 5.29 5.45 -
Wairarapa Building Society 6.15 4.59 4.59 -
Westpac 5.89 5.09 ▲5.35 ▲5.65
Lender Flt 1yr 2yr 3yr
Westpac Choices Everyday 5.99 - - -
Westpac Offset 5.89 - - -
Westpac Special - 4.49 ▲4.75 ▲5.05
Median 5.94 4.59 4.87 5.05

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