A common issue that arises is dealing with insurance companies over the names on insurance policies. Technically, insurance should held in the name of the owners of a property.
In the case of a trust, the legal owner on the title of a property is the trustee/s (while the beneficial owner is the beneficiaries). Clients tend to say “ the owner is the trust”, for example the “Smith Family Trust”. Assuming the trustees are Mary & John Smith and an independent trustee called XYZ Trustee Limited, the better description is “Mary Smith, John Smith and XYZ Trustees Limited as Trustees of the Smith Family Trust”. That's a bit wordy, so alternatively the shorter version of “Mary Smith, John Smith and XYZ Trustees Limited” will legally suffice.
A minute referring to the existence of the insurance policy or life policy in such circumstances, prepared and signed by the trustees, is prudent.Thank you for presenting an excellent course in your Property School 101 over the last 6 weeks. We really enjoyed it, gained good value from it plus the necessary confidence and knowledge to move forward in the property market. We will be in touch, soon, for a review of our trusts and entities to ensure we have these established properly to fully protect both our assets and income and to gain full advantage. All the best. - John
Investing in residential property?
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