No. It is very dangerous to assume that assets held on trust are automatically protected from relationship property claims.

There are many situations in which an ex-partner may succeed in a relationship property claim against your trust assets. Most examples of this include some form of contribution or improvement to the assets made by the partner.

The best way to guarantee that your assets are protected from a relationship property claim is by entering into a property agreement. This provides certainty over which assets each party can claim upon any future relationship break-up.

If you would like further advice regarding relationship property, please make an appointment with Scott Donaldson or Malcolm McKenzie.