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Deed of Nomination vs Transfer of Title


When is the family home protected under a Trust?


Some believe that the family home is not fully protected until the transfer of title has occurred. This isn’t true or correct. You do not obtain full protection under a trust until some years after the completion of your gifting programme. This is because there is still a debt owed to you in your personal capacity until the debt has been fully extinguished. The transfer of title is to show a transactional record; it doesn’t mean the property is now safe and secure.

Gaining the protection you are wanting under a family home trust relates more to the length of time your trust has been in existence and how long your gifting programme has been fully completed for, i.e. a strong forward-planner would not hold assets in their personal capacity and would have completed/extinguished the debts at least five years prior to any issues arising.


What is a Deed of Nomination? 


A Deed of Nomination for Real Property is technically a conveyance under the Lawyers and Conveyancers Act. This is why a Lawyer or Conveyancer has to prepare the document. If anyone else does it, they are breaking the law. The difference is that our customers have a choice to decide when the timing is right to Transfer the Title of their Property. Which will most likely be at a time where the cost is minimised (i.e. when next refinancing, or buying and selling) as you will be paying for conveyancing and the transfer of title anyway.


Are you eligible?
Take our 30 Second Survey

TrustUs can work for you if you and/or your partner answer TRUE to the below statements

  1.  Currently own your own home (TRUE/FALSE)
  2.  You (and/or) your partner are not a builder (TRUE/FALSE)
  3.  You (and/or) your partner are not property developers (TRUE/FALSE)
  4. You (and/or) your partner are not retired or looking to retire in the next 5 years (TRUE/FALSE)





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