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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22960
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am due to get my Kiwisaver superannuation soon, and I am

Customer Question

I am due to get my Kiwisaver superannuation soon, and I am currently living with a woman (for 5 years now) who is very greedy, and contributes little financially to the relationship even though she earns more than me.
I want to make sure that if I leave her, or even if I stay, that my Kiwisaver she cannot claim against it at all. I want to have it, or use it to live on, or to leave to my two children. It is not much (approx. $14000), but it will be pretty much all I have as a legacy, or to home me.
My two children are completely trustworthy, and would be willing to ensure that I am cared for well.
This is due April 2017. What can I do to protect my future, and my children's inheritance.
Is a Trust / Family Trust an option, and if so, who can control it?
This is not about Tax, but keeping my future options safe.
I am not in a sexual relationship with this woman, although and I suspect she is with me for financial security / gain.
If I am going to end the 'relationship', am I better to do this now, or after receiving my Kiwisaver payout?
How costly is it to have a Trust and what type of Trust would be best if that is an option?
What other options do I have available that would protect this small but important asset, and what would it be likely to cost me?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The KiwiSaver account is likely to be relationship property if this has been accumulated while you are living together, so she could claim half if you separate. However you would also have a claim to half of her KiwiSaver and any other relationship property such as houses, cars or household effects. So it needs to be looked at together with all other assets. So a little more information about all of the assets would help.Settling this on trust would not protect the account however because you cannot just transfer assets to avoid a claim