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.

Unused cemetery plots to be reclaimed under new policy

A new policy could see hundreds of long-unused cemetery plots returned for community use. The proposal, which is due to be formally adopted at Noosa More

‘Premier destination’: tourism operators earn Queensland acclaim

A record number of Sunshine Coast tourism businesses have been recognised among the state's best, highlighting the region’s strength as a leading visitor destination. Almost More

Search underway after alleged knife attack

Police are appealing for information after a 20-year-old Buderim man was wounded at Maroochydore on Thursday night. Emergency services were called to Duporth Avenue about More

Your say: hotel height, holiday park and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name More

Glamping boom heads to farm paddocks

A working cattle property could become home to eight eco-style tourist cabins under plans lodged with Sunshine Coast Council. The development application, submitted on May More

Chef from top-tier venues opens first restaurant

A renowned chef who once shared a kitchen with celebrity chef Gordon Ramsay has opened his first restaurant on the Sunshine Coast, bringing a 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