Legal Rights of Beneficiaries

By Janet X

Historically, it has been thought that a Beneficiary's right to information stemmed from whether they were a Fixed or a Discretionary Beneficiary.

Fixed Beneficiaries had an entitlement to Trust assets pursuant to the Trust Deed provisions. Therefore, it was argued they had an entitlement to view Trust documents and to receive disclosure of Trust information.

Discretionary beneficiaries on the other hand had no entitled to Trust assets. All they possessed was a right to be considered by the Trustees when the Trustees exercised their discretion with respect to the paying out of capital, income and /or the allocation of assets.

Accordingly, it was supposed Discretionary Beneficiaries had no power to demand to see Trust information or to view Trust documents.

Recent case law has now clarified the basis on which a Discretionary Beneficiary may seek disclosure of Trust documents and this has nothing whatsoever to do with whether they are a Fixed or a Discretionary Beneficiary. Rather, the approach has been to apply to the Court's on the basis that the Court has an inherent jurisdiction to administer Trusts.

Using this approach, the Courts have said that they possess inherent jurisdiction to supervise and if necessary, to administer Trusts. Beneficiaries of both classes have a right to approach the Courts to seek discourse of a Trust's documents and it will be for the Courts to determine whether they will exercise their inherent jurisdiction or not.

This of course means that the right of a Beneficiary to view Trust documents is at the discretion of the Courts.

The Courts have said that when they are considering exercising their discretion they will be mindful that they are engaging in a balancing exercise, balancing the competing interests of different parties (eg: trustees and beneficiaries and third parties) and will take into account various issues including personal and commercial confidentiality, parties privacy, consequences of disclosure, etc.

The Courts have also noted that they will be mindful that Trustees are not obliged to disclose to Beneficiaries their reasons for exercising their discretionary powers. This is important as it could have an impact on what documentation is released to a Beneficiary to view.

In some circumstances the Courts have pronounced, disclosure may be limited and safeguards may have to be put into place.

Types of Information Beneficiaries Entitled to View

Types of information that Courts have approved for disclosure include:

Deeds of Trust; Deeds of Variation of Trust Deed provisions; Deeds of Changing of Trustees; Deeds of Resettlement; Legal opinions relating to the interpretation of a Trust Deed's provisions; Legal opinions with respect to a Beneficiary's rights; Valuations of assets of the Trust; Financial accounts of the Trust.

This is some information that Beneficiaries are not entitled to see. For example, the Courts have ruled beneficiaries are not entitled to view letters and notes from Settlors, Memorandum of Wishes, Trustees reasons for decisions made and motives of Trustees.

Beneficiaries Rights to Demand and Receive Payment

Because the Trust's financial statements may be viewed by a Beneficiary under a Court Order, it is important to deal with allocation of income each and every year.

Any income that has been allocated to a Beneficiary and shown as such in the financial statements, may be called by that Beneficiary to be paid to them upon them becoming adults.

Accordingly, only income that is to be spent on them should be allocated to them in the financial accounts. Failure to allocate income in this manner may result in a Beneficiary requiring a Trustee to pay them the surplus income that appears as a credit in their Beneficiary account shown in the financial accounts of the Trust.

The best way to avoid any type of disagreement is communication. If full communication is made with a Beneficiary, whether they are a Fixed or a Discretionary Beneficiary, then there will be no mystery or reason for distrust to arise. Whilst Trustees are not legally required to show Beneficiaries all Trust documents, it is in our view, sensible to be clear and honest with Beneficiaries when they ask about a Trust's affairs. Failure to do so will simply create suspicion and exacerbate tension.

About the Author:

Janet Xuccoa BCom LLB, is a director from Gillgan Rowe + Associates. She is a recognised Family Trust and LAQC expert in New Zealand where she leads the Trusts and Estate Planning division. Want to protect your assets and grow your wealth? Get your Free Family Trust Report: "The 9 Deadly Sins of Setting Up a Family Trust

Car Insurance Advice for Young Drivers

By Tom Martens

One of the biggest days in any teen's life is the day they get their driver's license. But with that tiny piece of plastic arrive huge responsibilities. One of those responsibilities is auto insurance. Every newly licensed driver must arrange for adequate auto coverage.

Auto coverage for teenagers is very expensive. Teens are considered high-risk drivers because they are less experienced and have more accidents. You should not let that stop you from earning your diver's license, however. With a little planning, teens who drive can find ways to save money on their auto insurance premiums.

The first step a teen driver should take is to get several quotes from licensed insurance providers. Different providers define risk in different ways, which means some providers might charge higher insurance premiums for teen drivers than other insurance providers. There is also much competition in the insurance business, and if an insurance provider knows you are talking to a competitor, they might be willing to offer you a better rate on your insurance premiums. But you have to ask and be willing to negotiate. The internet makes doing research and shopping for insurance much easier than it was in the past.

Also, if you have not already done so, look into taking basic driver ed or defensive driving. Passing these courses shows insurance companies that you are serious about safe driving, and allows them to lower you risk level when assessing your driving record for computing your insurance premium. Talk to a licensed agent about what courses are available that qualify you for an insurance discount.

Ask your agent if the insurance company offers discounts to student belonging to certain clubs, or if they offer good student discounts. Ask whether they will give you a discount based on your parents' policies or organizational memberships. This is where a little research on the Internet is very helpful before you see your agent.

Another way to get a discount on your auto premiums is bundling. If your parents insure their lives or home, sometimes the insurance company will bundle all your policies and give you a great price break. This discount may apply not just to your policy, but to the home and life policies, too. And see whether the insurance company offers lower premiums to households that have multiple drivers or own multiple cars. This is another good way to lower insurance costs.

If you are a newly licensed teen driver or will earn your driver?s license soon, contact a qualified insurance provider. They can answer whatever questions you may have about car insurance, examine your specific situation closely and make insurance recommendations so that you are properly insured and protected behind the wheel. It will take some time, effort and research, but you could end up saving a lot of money on your insurance premiums, which makes the investment worth it.

About the Author:

Tom Martens is the content syndication coordinator for Carinsurancesa.co.za. South Arica?s leading car insurance portal.

How Low APR Credit Cards Save You Money

By Seth Bullock

Low APR credit cards are offered to consumers who have very good to excellent credit histories. These cards have low interest rates as the name suggests as well as offering many other benefits which you may think of as a reward for your history of fiscal responsibility. These are the most desirable kind of credit card and offer perks which include:

*Up 5% cash rebates on select goods *No annual fees *0% APR for up to 15 months on some credit cards *Interest rates as low as 7.99% after the intro period has expired *Your choice of rewards categories

These are just a few of the benefits available to the users of these credit cards. If your credit history is string, then you can choose from a lot of different offers. Credit card companies prefer cardholders who pay their bills on time each month and keep their balances to less than 50% of their credit limit. Look at our site map to see many different credit card offers.

Any time youre looking at credit card offers, you should make a point of thoroughly reading the terms and conditions of the card (the perks may be great, but read the fine print too!). This helps you decide on the low APR credit card which most closely meets your needs. All of the major card issuers, such as Discover, American Express and Chase Manhattan offer low APR credit cards to those who meet their criteria.

So how good is your credit score? If your credit score is excellent or close to excellent, then you can take advantage of the incredible rewards programs that Chase, American Express, Capital One and Discover provide to people who use their credit cards; and a great argument for keeping your credit score high.

Its tough to keep up with all of your payments, making them on time each month " and it can be hard to resist overspending when you have a credit card! Credit card issuers know this too and they show responsible customers how much they value them by offering these low APR credit cards.

Other than the low interest rates they offer, these cards also provide rewards which sweeten the pot; these include cash back of up to 20% on select purchases at certain retailers nationwide and travel rewards. These travel rewards are an especially useful program " you can earn points towards travel expenses like hotels, plane tickets, car rentals and more.

Do you have a good credit history? Request a copy of your credit report to find out. If your credit is very good to excellent, then you can apply for a low interest credit card and reap the rewards you have coming for your responsible credit management.

About the Author:

Find out for yourself how Low APR Credit Cards can save you money. Learn more by visiting www.bestcreditquote.com.

Can Virtual Credit Card Numbers Save Your Credit?

By Kermil J. Fogarth

I just received my the credit card bill for a credit card I haven't even activated since receiving it several months ago. It appears I have signed up for some monthly MLM deal as well as purchasing a train ticket in Washington DC. Oh, and I also bought something from hotwire.com. Now, as I say, the card has been in my wallet since I received it seven months ago and still has the little sticker on it telling me to call and activate it from my home phone. The charges only started in November. Could this have been prevented?

Throw away credit card numbers can be of some use here but probably wouldn't have prevented the above from happening as somehow someone got my name and actual credit card number. But for online shopping protection using virtual credit cards may be helpful - or they may lead us to a false sense of security. Just because I use a virtual card only once doesn't mean someone can't get the real information to use for their benefit.

Similar to using a disposable camera while traveling to protect your expensive one from loss or damage, a virtual card can prevent loss when used for online purchases. In this case, it is the number that can be used once and then discarded.

As credit card fraud is so widespread we are no longer surprised by it which means the card companies are looking for some method to deal with their costs. This means they must do so without inconveniencing the ability of the consumer to make purchases online and in person while at the same time protecting vital information. Many would say that the use of virtual credit cards may well be the solution to the problem.

While virtual cards are used to purchase online in the same manner regular cards are, they are temporary numbers. These numbers are issued as a short term replacement of you true card number for purchases. Your personal information is not transmitted to the vendor and often they are single use numbers and a new number must be generated for subsequent transactions. There are other cases where a virtual number can be used for multiple purchases over a limited time period before it cancels.

Virtual card numbers are intended to hide the real number from those who wish to use your information for their purposes and possibly damaging your credit. Should a secure processing center be hacked by someone wanting credit card information, your use of a virtual number would render your account safe. If they used your virtual number the result would be a denial of credit.

You expect that your card information is safe and secure at secure sites during your purchase. There is however the possibility that an employee of an online merchant could sell credit card information to criminals. While this in itself is a criminal act some people are willing to do anything if the payoff is high enough and there is little chance of them being caught.

The biggest benefit of virtual card numbers is protecting your private information online. The subsequent use of such a number results in denial of credit. If you are used to making several purchases online with your credit card per month then you may see a real benefit from the use of a virtual credit card. This will assure all your transactions are secure and your information is protected.

About the Author:

Author: Kermil J. Fogarth has extensive finance information available at his website. For more tips on protecting your credit.

Stock Market Investing for Beginners

By Ricky Deez

There is no certain time that a person should decide on when deciding to start investing even with the the economy getting worse and worse. There is also no particular product that you start investing your time and money in. One of the best things a person can do is to analyze all the investment options that are offered and choose the one that fits you and your budget the best. The number one thing a person looking to getting started in investing could do is to first learn the stock market investing basics and get as much information as possible from different very well known sources.

The more time you spend investing, the more you will come to know about the ins and out of investing. Beginner stock market investing is listed on tons of great website's that can help you along the way. The best thing a person or persons could do or themselves and their money would be to start simple. Invest in smaller stocks that you have been watching for a while and then when you feel at ease with expanding go ahead. There are so many different avenues to take when investing in the stock market so choosing the right one for you is the best route to go.

The first thing that a beginner in stock market investing should do would be to sit down and figure out what your investment goals are - be it big or small. Some questions that you may want to ask yourself are:

- Are you going to be investing short or medium term?

- Are you doing the investing for your retirement?

- Are you investing so you will have money before you retire?

- Do you need to save for your children's college?

Those are just some questions a person could ask themselves before diving right in. There are also many different types of investment accounts that you may want to start investing your money is when starting such as:

- Certificates deposit

- Brokerage Discount

- Brokerage (Full Service)

- 401K & 403B

- Traditional IRA (investment retirement accounts)

- Roth IRAs

- Coverdell IRA

- 529 plans

Again those are only a sampling of what is out there for investing purposes. Make certain to take a closer look at all choices before beginning your investments.

Once your investment accounts are open and you have put your money in, it is time to set off on the investing process. Some great investing tips that you may want to follow would be to:

1. Select the areas you want to invest in.

2. You will want to choose your asset class to invest in. Such as money market accounts or even CDs.

Once you have narrowed down how you want to invest then it is time to select the actual investments. Shopping around for the best rates possible on CDs will help you to gain the most money possible. You may choose to visit banks or brokerages when it comes to investing in money market accounts to see which one is offering the best deals.

Trading stocks is the most popular investment. Since you are a beginner, it is a good idea to start with stock mutual funds. If you are nearing retirement age then the you should look into investing in Bond Funds. You can use them if you are young, but they are usually used by the older generations.

Setting aside the time to sit down and learn the best things about investing will benefit and make you more money than simple jumping right in. It is very important to remember that the stock market is very risky and there is no guarantee that you will make any money. Loosing all your money in what you are investing in is very possible.

For someone who is a novice in stock market investing you may desire to speak to a couple banks or securities firms. They all have good staff who are willing to help you out. The stock market can be a very rewarding thing just take time to learn as much as possible so you will be sure to benefit from it in the end.

About the Author:

Qwoter offers free stock tips and investment advice. Whether you are still learning the stock market investing basics, or have been trading for decades, you can get free stock market advice, investment tips, trading strategies and more.