{"id":191325,"date":"2025-12-19T06:47:07","date_gmt":"2025-12-19T06:47:07","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/191325\/"},"modified":"2025-12-19T06:47:07","modified_gmt":"2025-12-19T06:47:07","slug":"putting-our-home-in-a-trust-was-a-legal-nightmare","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/191325\/","title":{"rendered":"&#8216;Putting our home in a trust was a legal nightmare&#8217;"},"content":{"rendered":"<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Trusts are sometimes used by people as a way of managing assets like money and property, and some people set them up in the hope that it will protect them from having to sell their home to pay for care fees.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">However this can be seen by local authorities as hiding assets, known as <a href=\"https:\/\/www.legislation.gov.uk\/ukpga\/2014\/23\/section\/70\" class=\"ssrcss-f6h2dj-InlineLink e1kn3p7n0\" rel=\"nofollow noopener\" target=\"_blank\">deprivation of assets, external<\/a>, and can therefore be challenged. <\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Mrs Gifford says she did not understand that when she signed up for the trust.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">She says she and her late husband, Mike, took up McClure&#8217;s offer of a free will when his health was deteriorating with multiple sclerosis, and it was during a visit to their home by a firm representative that they were encouraged to take out the trust at a cost of \u00a34,486.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;He said, looking at Mike, &#8216;Have you thought about what&#8217;s going to happen if you ever have to go into a home?&#8217;&#8230; <\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;&#8216;You could put the home into a trust and therefore the council couldn&#8217;t take it and you&#8217;d have a home for your two children.'&#8221; <\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">She says they were assured it would be a legal way to protect their home from local authority means testing and care fees.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">But four years later, on a chance visit to the bank in 2022, she says she was told McClure had gone bust.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">She says she later discovered her and her husband&#8217;s name had been removed from the deeds and replaced by Ww &amp; J McClure Trust Corporation Limited. <\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Mrs Gifford says they were not informed that by creating a trust they would no longer be the legal owners but instead the beneficiaries. <\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;I felt sick, I didn&#8217;t know which way to go,&#8221; she says.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;I had so much stress and anxiety with this, it was terrible.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;I cried and cried&#8230; I still can&#8217;t sleep now.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"Trusts are sometimes used by people as a way of managing assets like money and property, and some&hellip;\n","protected":false},"author":2,"featured_media":191326,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[138,246,111,139,69,244,245],"class_list":{"0":"post-191325","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-finance","10":"tag-new-zealand","11":"tag-newzealand","12":"tag-nz","13":"tag-personal-finance","14":"tag-personalfinance"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/191325","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=191325"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/191325\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/191326"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=191325"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=191325"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=191325"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}