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.

Overpowered: battery rebate could be drained in a year

Demand for household solar batteries has soared so high consumers could drain the government's $2.3 billion rebate fund within a year. But extending the scheme More

Photo of the day: holding on

Photographer Graeme Brooke composed this poignant photo of a withered tree, seemingly alone on an "island" at Currimundi, reminding us all at this time More

Festive cleanup responsible for costly repairs

Unitywater is urging residents to dispose of festive food scraps responsibly, warning that fats, oils and seafood waste can cause costly wastewater blockages and More

Hike in holiday park fees even as visitor numbers dip

Noosa Holiday Park prices are set to rise by $5 a night in 2027, despite the Sunshine Coast region recording softer tourism performance for More

Builder celebrates 40 years and nearly 2000 homes

An award-winning residential builder has marked 40 years in business on the Sunshine Coast, where they've built close to 1950 homes. Dwyer Quality Homes celebrated More

Plea to rebuild horse round yard in suburban park

Dozens of horse-riding enthusiasts are urging authorities to rebuild a horse round yard at a public park after it was dismantled last year. About 70 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