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.

Discount retailer to shut doors despite growing trade

A discount retailer is preparing to close one of its two Sunshine Coast stores after eight years of trading. Silly Solly’s Sunshine Coast franchise owner More

Farewell to ‘Golly’, a cop’s cop and comfort in crisis

Seven months after illness forced him to surrender the job he loved, former Queensland police commissioner Steve "Golly" Gollschewski has died of cancer at More

‘Gone too early’: warrior Steve Irwin’s enduring legacy

Twenty years after Steve Irwin's sudden death, a man who wrestled crocodiles with him for a living still can't talk about it without choking More

Your say: new seawall, shipping channel 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

Popular trail closed as landowners, council clash

A popular hinterland trail has been closed indefinitely amid a dispute between property owners and the local council over alleged trespassing and access across More

Eight-level development proposed for former medical site

A former medical site in a key CDB location could be redeveloped under plans lodged with Sunshine Coast Council. The site at 72 Duporth Avenue, 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