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.

Seafood supply assured at Easter despite fuel challenges

Sunshine Coast fishing operators say an abundant supply of fresh, local catches will be available for Easter despite fuel shortages. Rockliff Seafood PR manager Vanessa More

Beachgoers urged to film and report driving offences

Visitors to some of Queensland's most popular 4WD and camping beaches have been encouraged to record and report misbehaving motorists during the Easter school More

Ashley Robinson: fond memories help ease loss

The past few weeks have been a test of my faith: firstly, with the tragic loss of 18-year-old lifesaver Joe Tolano; and, just a More

B2B: report work vehicle private use correctly

The Australian Tax Office (ATO) is actively using sophisticated data analytics to target employers who fail to report, or incorrectly report, fringe benefits. ATO compliance More

Dog owners warned to renew registrations or face fine

Dog owners whose pet registrations expired between June 1 and November 30 2025 are being warned to renew now or face a $333 fine. Noosa More

Tip closed after early morning fire

A key waste facility on the Sunshine Coast has been forced to close after a fire broke out in the early hours of this 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