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.

Search starts for new SEQ dam site

The state’s water supplier has been tasked with identifying a new South-East Queensland dam site, to secure water supply for the growing population. The Queensland More

‘No warning’: business fears impact of amenities build

A riverside business owner has raised concerns about the impact of a $1 million toilet block project, warning construction works could make trading almost More

Police appeal for information after alleged assault

Police are appealing for public assistance following an alleged late-night assault on the Sunshine Coast. It is alleged that a group of eight males approached More

‘On holidays’: flatmate’s claim after mum went missing

The daughter of a missing woman discovered her mother's valuables had been taken by a housemate later accused of her murder, a jury has More

‘Very bad look’: defender given three-game ban

Brisbane Lions defender Ty Gallop has been suspended for three games for a serious misconduct act he admits is a "very bad look" for More

Net-zero energy neighbourhood planned

All homes in a new residential development will feature solar and battery systems designed to generate enough renewable energy to meet household needs each 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