z_Trusts & Estate Planning
Battle of the Wills 2
Sunday 3rd of December 2000
The Public Trust Office (PTO) says that a newsletter put out by a group of lawyers criticising the office's will making practices is inaccurate. (Click here for earlier story)
PTO corporate communications manager Chris Galloway says:
- Public Trust’s media campaign has never stated that it draws up free wills.
- The "quotation" allegedly comparing Public Trust with lawyers is unsubstantiated and incorrect.
- It is incorrect that Public Trust customers cannot appoint a family member as trustee.
- In cases where we are a co-trustee or an advisory trustee is appointed, we do not always make ourselves trustee and write wills.
- The fact that we are a government agency is irrelevant to the question of efficiency. In fact we are a highly capable, modern and technologically advanced organisation.
- The possibility of appointing "a perfectly capable family member" is raised in the article. Our experience is that many family members do not consider themselves to be "perfectly capable" in this area, even if they are available to serve. Often such family members end up enlisting paid professional assistance from Public Trust or a lawyer.
- There is an error of arithmetic in the discussion about commission charges: 2 per cent of $200,000 is $4000, not $6000.
- Lawyers do indeed charge on a time and attendance basis rather than a commission one. However, in comparisons made of the difference between our charges and those of lawyers, we often find that they are based on lawyers doing a more limited job than the comprehensive administration brief we typically undertake.
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FMA outlines its latest expectations for advisers
Paul Flood: The danger is that the 'goalposts' (regarding what is acceptable or unacceptable adviser conduct) may be susceptible to change. Our 'Principles based' legal/regulatory environment lends itself to “prevalence-induced concept change” over time, perhaps not so much in the written laws and Code, as in the interpretation of the prescribed principles.
11 hours ago Steve Wright
FMA outlines its latest expectations for advisers
Just a tip, if you use more than six, six letter words in a sentence you lose most Kiwi's. So avoid client/adviser confusion when writing your post or article if you would like it read and understood.
Ironically, my last sentence was not likely read.
13 hours ago Backstage
FMA outlines its latest expectations for advisers
All things said are great aspirational goals for a great financial advice industry, it mirrors what both the legislation and the code requires.
However, like most things discussed it talks about what's expected not how it's done. The hardest aspect of financial advice today isn't what it is, it is how it is done.
The how only comes from those that have done it, the how is only provided with examples. Guidance documents that spell out what's required along side how it it done.
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How do you ensure you're covering this if a client doesn't engage despite genuine attempts to manage it?
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2 days ago Jon-Paul Hale
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