If a client to set up trust doesn't want his wife to be an appointor, is it a poor asset protection strategy to have the risk person as the appointor/director and the asset person as the shareholder?

Yes, risk person should not be appointor at all. Non-risk person should be appointor and director of trustee. Non risk person could be a non-shareholder director but it would be better to have them out of the structure entirely. Everything in the husband's name with the wife as beneficiary only if the husband wants. If they need another person, it should be a sibling, a trusted friend or their child.

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024