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.

Don’t ditch sunscreen amid SPF label concerns, researcher urges

A University of the Sunshine Coast PhD researcher is urging people not to ditch sunscreen amid news about some brands failing to match their More

Council reviews 2500 submissions over dog beach plans

Sunshine Coast Council is reviewing an influx of submissions ahead of a new plan for dog beaches as a community group pushes to retain More

Next-level home security: stubborn snake on patrol

A Sunshine Coast resident’s home security system got an unusual upgrade recently when a large coastal carpet python settled in strike mode beside his More

Telco takes council to court over phone tower plan

A telecommunications infrastructure provider has launched a court appeal after Sunshine Coast Council rejected its plans for a phone tower. Waveconn Operations Pty Ltd’s application More

$2.2m for Coast uni to train specialist aged care nurses

A tertiary institution on the Sunshine Coast is spearheading the delivery of a fully funded nationwide online program to train specialist aged care nurses More

‘Highly anticipated’ luxury terraces released to market

The first stage of a new luxury residential development that combines "timeless" and "convenient" living is generating strong buyer interest. Pelican Waters has unveiled its 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share