That's why you want to set it all up early to avoid the 3 year threshold. It's interesting that 'failure to act' comes under the same heading.
Regarding the 2 children. I suspect that the problem is the other 2 spouses. I I would feel that as long as there is more than enough income then the beneficiaries shouldn't want to break up the assets. Having said that look at what is happening Gina Rinehart and you would think there is more than enough 'income' available to satisfy the whole family.
Cheers
Sounds like you have a little knowledge which is very dangerous in this situation.
What 3 year threshold are you talking about? Transfer of property 3 years before death probably. But having a power of appointment over a trust is enough for the trust assets to be 'attacked' no matter how long ago the trustee purchased the property.
Also sounds like you are not sure how trusts operate. I was talking about 2 children, especially under 18 and of different ages. What if one child turned 18 and became the appointor while the other child was say 16? What could happen...think about the capital and discretionary powers of the trustee.
2 spouses would also be a issues as it would be very unlikely that a surviving wife would distribute to the deceased's mistress or new defacto wife and vice versa.
Also I forgot to add above that the family law act gives the courts to make orders against 3rd parties such as trustees and can countrol trust assets as a financial resource of the parties.
Trusts are generallly good to protect against creditors in bankruptcy of a beneficiary but there are a whole lot of other assets protection issues to consider.
And we should make this a new thread so as not to infringe on LeoT's interview discussion. see http://somersoft.com/forums/showthread.php?p=1245730#post1245730