VIC Family Trust Non Disclosure

[Kiwigirl]

Hi my Case is a property settlement of which I am now self representing of Only a 5 year relationship no kids no financial ties . the OP made a very high offer with Calderbank looming... the ex has not disclosed Family Trust Deed, until recently but the Deed was not signed nor Dated.. and seemed to just have Instructions on it Rather than what I Requested which is Basically the Deed showing all Financial Transactions and any Amendments... maybe I Described what I’m after incorrectly and there’s a Name of the Part of the Trust I’m after than just Instructions? Thanks hope someone can help

 

[Rod]

It is the trustee you need to identify which should be on the trust document, and then the assets in the trustee's name, then transactions applicable to the asset (NB: Some asset classes like houses, collections may not have transactions).

Your ex will know this information and looks like is being deliberately obfuscating. Keep your queries reasonably open because if you get too specific then the ex will only answer the very specific question you ask and not provide other relevant information.

 

[Kiwigirl]

It is the trustee you need to identify which should be on the trust document, and then the assets in the trustee's name, then transactions applicable to the asset (NB: Some asset classes like houses, collections may not have transactions).

Your ex will know this information and looks like is being deliberately obfuscating. Keep your queries reasonably open because if you get too specific then the ex will only answer the very specific question you ask and not provide other relevant information.

It is the trustee you need to identify which should be on the trust document, and then the assets in the trustee's name, then transactions applicable to the asset (NB: Some asset classes like houses, collections may not have transactions).

Your ex will know this information and looks like is being deliberately obfuscating. Keep your queries reasonably open because if you get too specific then the ex will only answer the very specific question you ask and not provide other relevant information.

Thanks Again Rod

The Trust Deed he has Provided on the last page has the details of the Trustee etc , the accountant who I assume prepared the Deed, name of beneficiaries, but this document is not signed nor dated... is this something I should be questioning?

 

[Rod]

You can as it may not be valid, depending on the classes of assets claimed under the trust.

But regardless of validity you want to identify all assets that are related to your relationship so don't get too concerned about validity at this early stage. Get everything identified and then start the fight over the assets you believe form part of the joint pool.

 

[SamanthaJay]

Thanks Again Rod

The Trust Deed he has Provided on the last page has the details of the Trustee etc , the accountant who I assume prepared the Deed, name of beneficiaries, but this document is not signed nor dated... is this something I should be questioning?

It's possible you've only been provided with a copy of it before it was signed. Otherwise, I'd say it's something he's trying to pull out of his butt since these proceedings have started and if it's an official document now, it only became one after your separation. I certainly think you should be provided with a signed and dated document. Is there an ABN and TFN for the Trust? I also wonder if the bank account details need to be provided as part of disclosure in regard to the Trust.

 

[Kiwigirl]

You can as it may not be valid, depending on the classes of assets claimed under the trust.

But regardless of validity you want to identify all assets that are related to your relationship so don't get too concerned about validity at this early stage. Get everything identified and then start the fight over the assets you believe form part of the joint pool.

So if I’m after details of any Transactions/account balance relating to the Trust.. is there a name of this account which best describes what I’m wanting?
The Trustee was his former company which he liquidated during our relationship
He provided Tax returns for that trust.. but this doesn’t show what I’m after

 

[Kiwigirl]

It's possible you've only been provided with a copy of it before it was signed. Otherwise, I'd say it's something he's trying to pull out of his butt since these proceedings have started and if it's an official document now, it only became one after your separation. I certainly think you should be provided with a signed and dated document. Is there an ABN and TFN for the Trust? I also wonder if the bank account details need to be provided as part of disclosure in regard to the Trust.

Yes the Trustee was his Company which he liquidated and went bankrupt half way through our relationship and just prior to court proceedings with his former wife..
It had a Tax File no and ABN but he Deregistered the company Trust ABN in 2016 way after it was liquidated.
He has provided Tax Returns relating to that Trust.. and Bank account for the Trustee Company when it was active... but I assume there must be a specific and exclusive Bank account which shows Trust Transactions and or any amendments made which I don’t have
I’m after the correct wording to the OP of exactly what I need

 

[Rod]

Suspect you'll need a lawyer to work through this. You do not seem to understand the nature and duties of trustees. Once the company was de-registered it's role as trustee finishes and another trustee should have been appointed to manage the trust assets - if there really were any trust assets to begin with. The trust deed may just be a sham document and no real trust ever existed. Hard to know without going through documents.

You need someone with legal knowledge to work through the various documents to understand what is happening. Do not think a forum can help you with what you need.

The wording you need is generic. You get the ex to give you the trustee names over [insert date range], trust assets as at end of each financial for say the last 5 years, and current trust assets as at date of filing the court case. You don't need to identify all bank accounts, or all shares or property. They should be telling you. You then do checks based on what you know outside of the information they gave to you. You may need to subpoena accountant's records if they are not forthcoming with information.