Blogs > Held in Trust
Using Trusts to protect assets
Wednesday, 15 July 2009

In the last two issues, we have been looking at how easily you can slip down and even fall off when getting your foot on the property ladder. We discuss the third and last in the series of steps describing how you can lose your home.

Step 3 - Rest home fees

Bruce and Julie had worked all their lives to build up their assets and they’d done pretty well for themselves. They had a nice house and had been blessed with two children.

At the age of 60, however, tragedy struck. Julie died from a heart attack. Two years later the family suffered another blow – Bruce got diagnosed with Alzheimer’s disease.

The family rallied around but eventually had no choice but to put Bruce in a rest-home. Trouble was, rest home care was expensive – $850 per week and that didn’t include any extras such as taking Bruce out for day trips.

The family approached the Ministry of Social Development and requested a residential care subsidy be granted to Bruce. The Ministry told them that before Bruce was eligible for a subsidy, he had to use his own assets as they only granted subsidies to people who had less than $180,000 worth of assets.

This was a real problem – Bruce’s home was worth around $310,000. After much discussion, the Ministry said the subsidy would be granted. The solution was the subsidy would be treated like a loan. So when Bruce finally died, the house would be sold and the loan would have to be repaid back to the Ministry.

Bruce lived for another 6 years in the rest home. His rest home care came to $265,200. By the time real estate agents fees were paid and the loan was paid back to the Ministry there wasn’t much left – only around $35,000.

The sad part about this story is that Bruce and Julie would have wanted their children to have inherited the house. Instead, that inheritance had been lost.

What could have been done to protect against this? Taking some sound professional asset planning advice wouldn’t have gone astray. Putting the home into a Trust before Bruce needed care would have definitely helped.

Anyone wanting to protect their assets and the inheritances they want to leave their children should take steps to implement an asset protection programme, and that includes setting up a Trust and moving assets into that Trust as early as possible.

Business failure, divorce and going into a rest home are common place events – events beyond our control. What we can have some influence over however is the effect these events bring about. Can we take steps to protect our assets and stop us losing our houses and inheritances? In the words of President Barack Obama, “Yes We Can”. The very first step is getting some good advice and taking steps before trouble is on the horizon.

© Gilligan Rowe & Associates Ltd.
Disclaimer: This article is intended to provide only a summary of the issues associated with the topics covered. It does not purport to be comprehensive, nor to provide specific advice. No person should act in reliance on any statement contained within this article without first obtaining specific professional advice. If you require any further information or advice on any matter covered within this article, please contact the author.


Janet Xuccoa, trust director of Gilligan Rowe & Associates Limited – phone (09) 522 7955, email janetx@gra.co.nz