Asset protection mortgages, in conjunction with discretionary family trusts, legitimately absorb all available equity in the family home, or other protected real estate, leaving nothing available for creditors.
In order to be effective (to take the accumulated equity out of the reach of creditors) the model, the deeds utilised, and the customisation to the circumstances of the protected parties, must be set up by a highly knowledgeable mortgage and trust (Equity) lawyer.
Our asset protection model utilises proprietary intellectual property developed by our senior partner, Matthew Bransgrove, over many years and constantly refined in light of recent case law and statutory changes.
Mr Bransgrove is acknowledged as the leading expert in mortgage law in Australia, having published multiple textbooks and academic papers on the subject. His system, together with our acute analysis of your circumstances, allows us to tailor a package which is optimised for both effectiveness and accounting simplicity.
The advantages of the Bransgroves asset protection mortgage model, over a standard discretionary family trust, are:
- the family home continues to benefit from land tax and capital gains tax exemptions.
- there is no transfer involved and thus no stamp duty payable.
- the discretionary trust is revenue neutral meaning there is no ongoing need to lodge separate tax returns.
- the family home can be sold and another one bought without incurring stamp duty or losing the benefit of the accumulated protection.
- We recommend the Bransgroves asset protection mortgage to professionals and self-employed persons to ensure that the house they plan to painstakingly pay off, and the equity they have already accumulated, is not lost as a result of mischance or business failure.
To find out more contact us today.