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.

Police investigate alleged assault in coastal suburb

Police are investigating an alleged assault along the beachfront of a Sunshine Coast community. A Queensland Police Service spokesperson told Sunshine Coast News that officers More

Spike in reported number plate thefts prompts warning

A spate of number plate thefts across the Sunshine Coast has police urging locals to take preventative measures. More than 25 thefts were reported in More

A cut above: club chef claims coveted state gong

A chef who has worked across some of the Sunshine Coast’s most popular dining establishments has been recognised with a significant Queensland accolade. Peter Brown More

Police issue hundreds of fines in blitz on Coast roads

Police have clamped down on misbehaving motorists on Sunshine Coast roads, during a concerted two-week campaign. Officers handed out hundreds of fines across the region More

Police probe alleged assault and e-bike theft

Sunshine Coast Police are appealing for information after two incidents in the heart of the region in the early hours of the morning. Police were More

Locals demand action on speeding in coastal suburb

Residents of a waterfront suburb are calling on authorities to reduce “speeding and dangerous driving” along increasingly busy roads. Dozens of concerned locals at Golden 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