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.

Mystery surrounds ‘gold metal bar’

Police are trying to track down the owner of a 'gold metal bar' found on the Sunshine Coast. A Sunshine Coast Police alert on Thursday More

Public weighs in on potential motorway link impacts

The public can now have a say on a planned road project that would connect communities to a motorway, before federal authorities determine whether More

Residents urged to prepare for potentially severe summer

Sunshine Coast Council and Noosa Shire locals have been warned to brace for possible severe weather in coming months. The Bureau of Meteorology has forecast More

New clubhouse plan aims to secure footy future

Plans are underway for a clubhouse at a main sports precinct, with rugby league and rugby union clubs aiming to secure a sustainable future. The More

Navigation app warnings cut speeding rates

Drivers are increasingly taking their cues from technology rather than speed signs, according to new Sunshine Coast research into app-based police alerts. In the Australian-first More

Thousands to benefit from education donation

A Sunshine Coast publisher has donated $1.1 million worth of books to help improve literacy in disadvantaged communities. Firefly Education has partnered with the Rotary 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