Email: The Protector Letter for use with your clients

PROTECTING YOUR FAMILY’S ASSETS DURING LIFE AND AFTER DEATH

We are writing to all our clients about the opportunity of protecting your assets from any litigation or government claim plus a family provisions claim in the event of your departure. Litigation and family provisions claims are rife and may arise from someone falling in your home or an investment property, if you are a professional - a professional indemnity claim and definitely a claim on your estate upon your death.  Given Australia has the most lawyers per head of population in the world it is not surprising.  After all they have to live somehow!

A Real Case in Point:  A family provision claim on your estate assets may result in long and costly court proceedings.  In Western Australia in 2018 the judge of the WA Supreme Court castigated lawyers who had taken five years and $500,000 in legal fees to challenge a $600,000 estate consisting only of the deceased’s home.  This is happening every day in Supreme Courts around Australia and we do not want that to happen to you. 

We are writing to let you know some exciting news that we have teamed up with Lawyers and specialist asset protection and estate planning advisers, Abbott & Mourly to provide “The Protector” an asset protection trust package, which not only provides asset protection, but ensures that your assets are held for the benefit of those beneficiaries in your family lineage or blood that you want.  This will ensure that your hard built assets are kept in the hands of your lineage. 

 The Protector – Sophisticated Asset Protection

 The Protector involves the creation of a special purpose Trust for the beneficiaries of your family lineage or blood relatives that you desire, including yourself and your spouse.  If you have an existing trust this may prove suitable unless it is also potentially openly exposed because it runs a business or service.  Once the asset protection trust is established we transfer the equity in your current assets, including your family home, into the trust and then lend it back to you for your use.  This means no tax or stamp duty issues but more importantly vital protection!

 As your adviser we strongly recommend that together we undertake a simple three step process to see whether The Protector is for you:

1. Determine the value of all assets (net of liabilities) that are in your name and thereby exposed – see the worksheet over to get you started.
2. Set up an appointment to go through the process for implementing The Protector, how to ensure there are no tax consequences and who is to benefit from these assets during your life and also post your death for generations to come.
3. Establish the chain of documentation, execute the relevant deeds and place them in our digital vault and provide copies for your safe keeping.

The first two steps are complementary to our existing clients – normally $750.  Given the litigious society we live in and where state governments, the ATO and other federal agencies can garnish (take) monies from your bank for unpaid debts, and the danger of leaving your estate exposed to long and costly litigation from a family provisions claim, we feel that it is important for all of our clients to examine the process and determine whether or not to protect their assets and legacy with The Protector.

And to get things started we have attached a simple sheet where you can determine, roughly, the assets – their value – any monies owing on them – the net value of the asset and ultimately your total net equity that is exposed and ready for protection.  Once you have completed this you can make an appointment with XXXX to look at your options or alternatively make the appointment and we can work through your net equity position.

Let’s work together now to take that weight off your shoulders.