Archive for the ‘Trust’ Category

Options Available for Property Conveyancing

Monday, March 28th, 2011

Conveyancing is the technical term used for describing the legal process by which a piece of property is transferred from one person to another. It is necessary that people who intend to buy/sell their property are aware of the details of the process before they begin with the actual deal. You have three options available to carry out the process of conveyancing smoothly. You can

It would not be a wise decision to carry on the task on your own until and unless you have a professional background in property conveyancing. There are multiple risks involved in the do-it-yourself procedure.  You need to be careful about a number of factors such as:

  • Whether the conveyancing process is straight forward and therefore there are no covenants or caveats that might pose problems in the future. You also need to ensure that the house is been sold by the one who built it.
  • Whether you have a back up in case there is a problem at any stage of the process
  • Whether you have the necessary time to carry out the conveyancing process on your own
  • Whether you have any protection in case something goes wrong with the process
  • Whether you are updated as far as the rules and regulations are concerned as they keep on changing quite frequently.

You also have the option of hiring licensed conveyancers. A licensed conveyancer possesses the license to carry out conveyancing procedure in the state. He/she can also offer you relevant advice about framing the purchase or sale deed or documentation. Licensed conveyancers also possess professional indemnity insurance and therefore can rectify their mistake, in case they go wrong. You can also hire the services of property solicitors as they offer the same set of services as licensed conveyancers.

Why opt for an irrevocable trust when you cannot change it later

Monday, August 30th, 2010

Estate planning and management requires the use of various instruments. One such is the irrevocable trust. As the name suggests, this type of trust incorporates terms and conditions that are not possible to change after the creation of the trust. It is, in this regard, that these trusts are completely opposed to the concept of revocable trusts.

Why then, would one opt for such a trust? There are various benefits of forming this type of trust arrangement. Here are a few:

1) Any entity can create an irrevocable trust while he/she is living. If the grantor is not the trustee, he/she can also become a beneficiary of the trust.

2) The assets are exempt from estate taxes. (As these assets is not the personal property of the grantor, you need not bother about taxation)

3) The irrevocable trust provides asset protection with ease. (It is safe from unscrupulous creditors and litigation suits)

Is there any way to change the provisions of the trust? Usually, the trust agreement has conditions for an acceptable change or modification. In most cases, all the parties involved – that is the grantor, the trustee as well as the irrevocable trust beneficiary – must reach a unanimous decision to change a certain term of the agreement.

Before you finalize any trust formation, it is best to talk to your accountant as well as your attorney. Financial and legal help is essential to come up with an agreement that is useful for all parties involved in the matter.