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.

Dedicated officers for illegal dumping

Local councils are receiving funding for specialist officers to bolster efforts against illegal dumping. The Queensland Government is investing $13.7 million state-wide in the Fighting More

Resort tree clearing begins amid criticism

Tree clearing at a popular resort has sparked community concern, with a resident describing the removal of vegetation as a “massacre”. The works at RACV More

Surgeon performs region’s first thumb transfer

A Sunshine Coast plastic surgeon has rebuilt a woman’s missing thumb using her second toe in the region’s first total thumb transfer. The patient, East More

Couple’s legacy shines through $450,000 in grants

The legacy of a late Sunshine Coast couple is being felt through grants to groups helping those doing it tough. The Buderim Foundation has awarded More

Picnic to celebrate cultures, connection, community

A multicultural event will give Coast residents an opportunity to share food, stories, music and the traditions of people from diverse backgrounds. A free community More

Students make their mark on latest ‘living seawall’

High school students have helped create a marine habitat, designing ceramic tiles for a the Sunshine Coast's newest 'living seawall'. Year 7 students from Burnside 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