100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business column: common asset protection a matter of trust

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Lease renewal planned for property earmarked for road project

Sunshine Coast Council is set to renew the lease of a Maroochydore property it owns, despite the building already being earmarked for demolition as More

UniSC-led team discovers new species of walking shark

Scientists on a night dive off Papua New Guinea have made a surprising discovery. Researchers found a new species, the Dudgeon’s Walking Shark, which was More

Court imposes six-figure penalty on brewery

Terella Brewing has been fined $150,000 in a decision handed down in Maroochydore Magistrates Court today. Magistrate Andrew Sinclair ordered the company, which formerly occupied More

Council to vote on pricing changes for holiday parks

Sunshine Coast Council will this week consider changes to the way prices are set across its six holiday parks, including the introduction of dynamic More

Fire ants spread to another Coast suburb

Residents and business owners in and around a Sunshine Coast suburb are being urged to be vigilant after fire ants were discovered. The National Fire More

Apartment sells for $700k more just months after purchase

A Sunshine Coast apartment has sold for $5.22 million in a swift resale just seven months after it was purchased for $4.5 million, with More

Discretionary family trusts aren’t just for the super wealthy. They are a common asset protection and tax-minimisation tool for thousands of Australian families.

They often include a long list of potential beneficiaries. It’s probably fair to say, over the years Trustees have become a bit blasé about strictly observing some of the obligations
imposed on them – with mum and dad running the show, exercising ‘absolute discretion’ steering funds to whoever they liked (including themselves) and excluding other beneficiaries.

Well, the Victorian Court of Appeal has recently given all Trustees a wake-up call about carrying out their duties.

The Court declared that two adult children had been unfairly repeatedly overlooked for distributions from the family trust and that the Trustees (the parents) had failed to properly exercise their discretion.

The Court confirmed a Trustee has to give real and genuine consideration as to
who should benefit, including making inquiries of the beneficiaries’ needs.

How a Trustee goes about this is uncertain. It may mean that the Trustee should be informed of the circumstances of each of the numerous potential beneficiaries.

It might be time to blow the dust off your trust deed and actually review it and
its primary purpose.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share