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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have a family trust set up approx. 20 years ago by our father

Customer Question

we have a family trust set up approx. 20 years ago by our father and mother our father has died 5 yrs ago but mum is 94 and may need to go into a nursing hospital the property is in the trust name and my sister is at the moment full time carer we need to know what happens to the property if she goes into nursing home would the property have to be sold?
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.
It was the case until recently that a family trust property would not need to be sold to pay for rest home subsidy payments. However WINZ now look back many years for properties settled into trust and although their web site refers to trusts settled or gifts made in the four years before the need for res thome subsidies comes up, in practice they do look further back. So I suggest start by telling them about the trust and when it was set up, and they may not require payment. But they do look at all trusts carefully and may require that the property be sold. I would not do so until you know what they require however

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