I meant to include this link in my earlier post on trusts and tax avoidance. When the article came out, I copped some flak over my suggestion that trusts were being used to hide assets in divorces. As was pointed out, the Family Court has some power to unwind trusts in divorces. Before reposting, I checked and found a publication entitled Anatomy of Trusts which says:
There are many reasons why family trusts have and may continue to be a popular
vehicle for conducting family businesses and investment strategies including:
(a) The tax effectiveness of the structure;
(b) As a means of protecting and preserving property from:
Ø The claims of creditors in bankruptcy;
Ø Disenfranchised family members in estate disputes;
Ø To a certain extent, estranged spouses in divorce (although as will be seen later, there is a limited scope of effectiveness best summarised by The Honourable Kay J. in his paper “Trusts: Setting One Up in the Light of the Family Court’s Powers”;
“So unfortunately those intent upon maintaining their asset structure after the breakdown of a marriage do have some potent and powerful weapons in their armoury. They must sacrifice real control, however, and must ensure there is no Achilles heel visible such as loan accounts or personal assets and they must be prepared to wear the stigma of bankruptcy in the event of a lump sum order being made against them.”