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.

Clubs backed as stadium expansion nears

A $9 million program will support sports groups in the vicinity of Sunshine Coast Stadium, which will be upgraded for the 2032 Games. The state More

Regional media welcomes direction of news funding changes

Country Press Australia says the proposed News Bargaining Incentive reforms could provide greater support for regional and local journalism, but the final rules will More

Your say: public housing, traffic petition and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name More

Approved resort project back in talks

An approved 90-unit project at a popular Sunshine Coast resort is heading back to the negotiating table, almost two years after plans were first More

Over the limit: tower plan open to public feedback

The Sunshine Coast community is being invited to have its say about a proposed 18-storey coastal tower, which would rise almost 23m above the More

Fears of funding blow to welfare service ease

A reported $4.7 million funding cut facing homelessness service Youturn will not immediately go ahead, according to Noosa MP Sandy Bolton. Reports from Queensland Parliament’s 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