This question is in relation to a family trust where iam noted on the trust deed as a final beneficiary.Undocumented

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Customer: good afternoon chris..this question is in relation to a family trust where iam noted on the trust deed as a final beneficiary.Undocumented loans,,the trust has recently been changed due to the separation of my parents.Iam still noted as a final beneficiary.My Father is with another partner now.An asset that was in the trust has been removed and is now in my mothers name,it is an appartment that my mother now resides in which is left to myself and sister in her will.When the appartment was purchased it was a cash sale in which i lent my father $70,000 in order for the cash sale of the property to go ahead which was in 2007.i have discovered which i believe is fraud related due to my father hidding account transactions from his accountant.My father is being very difficult to deal with,i want my $70,000 back plus interest.A family home was developed by myself as a qualified builder,this property was in the trust which i converted into two sepperate dwellings,I have not been paid for any of this work which wss signed off by a building inspector.the 2nd dwelling i was residing in and paying rent.I was incarcerated and without myself being notified my father sold the property which was not in the trust.when it was sold all my possesions according to my father the new owners purchased as chattels,m y property including a boat was valued at $50,000 of which i have not recieved any money for.My father also disposed of all my legal documents that where in the house i was residing in prior to my incarceration including disposing of my twin brothers estate and property given to me,also disposed of was my twin brothers ashes which where my property for over 10 years,all my legal documents where dumped.On release i discovered my father trying to seduce my partner at the time with finantial offerings to her.My father also was in the process of kicking my mum off the trust deed of which she was a settlor and trustee and beneficiary and replacing her with my partner at the time to her name as a trustee.On discovering my fathers intentions my mother sepperated from my father and certain assets where changed due to the family property agreement undertaken by lawyers.There is only one property now in the trust of which my sister resides in and pays rent of $14,000 a year.Recently my father has retired as a trustee due to what he claims ill health.I obtained the accounts and to my shock he is getting $10,000 of the rent in the trust fund paid to him.Recently the property neede maintainance to fix a problem whith a leaky roof,There is no funds available to rectify this problem and i see on the accounts the property is at a loss and is a going concern.The property was to ensure my sister had a house to live in as her home.My father is still a beneficiary and he has now made his accountant a trustee who states he is not independant of the property because of him managing it.I am concerned that my mother is liable as she is a trustee and our rights as beneficiaries appears to be comprimised and a detriment to us siblings who are final beneficiaries.My father has thratened myself recently of going to the police with false allegations if i dont stop obtaining trust information which im entitled to and has been released to myself by his accountant and lawyers.1=Putting a claim in for the $70,000 plus interestt i lent my father No=2 payment for work i undertook as a builder on a development i undertook.No=3 i want compensation for my property he disposed of whithout my knowledge.N0=4 to take action for $20,000 my father gave my xpartner which he wrote down as drawings but where actually cheques written out in my xpartners name,he stated to me he did not want his accountant to ask questions as to why payments where made to my xpartne..Chriss id greatly appreciate it if you could inform myself of my rights of obtaining all my money back and services of developing a property wihich i recieved no payment,also advice on my property,twins ashes and important legal documents he disposed of..thanks Chris regards ***** *****
Answered by Chris The Lawyer in 58 mins 1 year ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

This is a complex matter. But the new Trusts Act does give you the right to get the information you need to check the transactions. You are likely to need to get your accountant to check the transactions carefully to see if these are out of order. If you find that he has paid money outside of the trust powers then it can be recovered. The money you lent may have a limitation act issue as debts should be claimed within 6 years of being due, but there may be circumstances which permit that

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