Property Management

Time to move your house into trust territory - Mary Holm

Q. If a house is left in a will to two children and they sell the house and divide the proceeds, can a proviso be included in the will to say that they must use the money in a particular way?

Monday, February 23rd 2004

A. In most cases, "if a proviso is professionally and specifically drafted to cover the wishes of the deceased, then the answer is yes," says Kevin Peacock, Public Trust's general manager, estate and financial planning. In other words, see a lawyer or the Public Trust.

It's possible, though, that the courts could overturn the proviso after you die, he adds. You could give yourself more control by setting up a family trust.

If you want your house to be protected by the trust, you lend the trust the money to buy the house at market value. You can then forgive the debt at the rate of $27,000 a year - or $54,000 for a couple - without paying gift duty.

Read More - Opens in a new window

Most Read

Unity First Home Buyer special 4.15
SBS FirstHome Combo 4.19
ICBC 4.49
Kainga Ora 4.59
Co-operative Bank - First Home Special 4.59
ANZ Special 4.65
AIA - Go Home Loans 4.65
ASB Bank 4.65
TSB Special 4.69
Co-operative Bank - Owner Occ 4.69
SBS Bank Special 4.69
China Construction Bank 4.95
Kainga Ora 4.95
ICBC 4.99
Nelson Building Society 5.09
Westpac Special 5.19
Kiwibank Special 5.19
Co-operative Bank - First Home Special 5.19
TSB Special 5.25
ASB Bank 5.25
AIA - Go Home Loans 5.25
SBS Bank Special 5.29
Westpac Special 5.49
SBS Bank Special 5.49
BNZ - Std 5.49
AIA - Go Home Loans 5.59
ASB Bank 5.59
ICBC 5.65
Kiwibank Special 5.69
Kainga Ora 5.69
Co-operative Bank - First Home Special 5.69
Co-operative Bank - Owner Occ 5.79
TSB Special 5.99
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 4.20
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
ICBC 5.39
Kiwibank Special 5.75
Kainga Ora 5.79
Unity Standard 5.79
Unity Special 5.79

More Stories

Can the NZ economy grow while house prices stagnate?

Thursday, July 09th 2026

Can the NZ economy grow while house prices stagnate?

The question of whether the New Zealand economy can grow much without a recovery in the housing market remains a live issue.

Thursday, February 19th 2026

RBNZ expects slower house price growth in the current recovery

The Reserve Bank thinks house prices will rise at a much slower pace during the current recovery than they have in past cycles.

Wednesday, January 07th 2026

Queenstown not off the radar for first home buyers

First home buyers are not being deterred by Queenstown’s soaring house prices.

Record levels of first home buyers taking out low deposit loans

Tuesday, December 23rd 2025

Record levels of first home buyers taking out low deposit loans

About half of all first home buyer lending has been done at a less than 20% deposit in recent months.