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.

‘Grey spots’ spark call for phone network upgrades

A leading economic development group is urging Sunshine Coast Council to fast-track mobile telecommunications infrastructure, citing widespread reception problems across the region. The call from More

New Monopoly edition showcases Sunshine Coast icons

Sunshine Coast residents can now 'buy, trade and sell' their favourite local landmarks in a new version of Monopoly. Players can land on Mount Coolum More

Photo of the day: sea shells

Helen Browne demonstrated a creative eye in offering this singular perspective of Mooloolaba Beach. If you have a photo of the day offering, email photo@sunshinecoastnews.com.au More.

Police release vision of alleged armed car theft duo

Detectives have released images and vision of a man and woman who they believe can assist investigations into an alleged armed robbery and string More

Plea for positivity as beach car park removal nears

A business group that initially opposed a proposal to overhaul a foreshore and remove a prominent car park is now urging people to 'be More

High-profile site with development approval for sale

A large site with development approval near the heart of the Sunshine Coast is on the market. The 3589sqm property at 2-10 Maroochy Boulevard – 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share