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.

Service station plan opens for public feedback

A proposal to establish a new service station has reached public notification stage. The development application for the site at 14 Beerburrum Road, Beerburrum, was submitted More

New country music venue expands hospitality offering

A new country and western live music venue is set to open on the Sunshine Coast. Coyote’s Roadhouse, located in Ocean Street, Maroochydore, will be More

Police declare crime scenes after car fires

Police are investigating after two cars were damaged by fires on the southern Sunshine Coast. Emergency services were called to a white Kia Rio after More

Young custodians gain new environmental recognition opportunities

Youth environment leaders are being asked to nominate for two new awards, which were added in their honour for the first time this year More

B2B: setting pricing strategies

Many businesses price their products and services incorrectly. The problem with that is when they price too high, they miss out on potential sales More

Schoolgirl injured after being hit by car

A primary school-aged girl has been injured after being struck by a car in Burnside on Tuesday afternoon. Police were called to Windsor Road about 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