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.

Your say: bridge upgrade, holiday park 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

Traffic light plans take next step on major road

Design work is underway on long-awaited traffic signals at two intersections along a busy thoroughfare. The safety upgrades are planned for Nambour Connection Road junctions More

Police horses deployed in crackdown along beach strip

Police on horseback are patrolling a Sunshine Coast tourist hotspot amid increased efforts to address anti-social behaviour. The Queensland Police Service Mounted Unit has been More

First section of Mooloolaba’s new seawall opens

A significant section of Mooloolaba’s new terraced seawall has opened to the public, giving locals and tourists their first chance to experience the revamped More

‘Stalked my kids’: ex-public servant’s teary claims

A former top public servant has wept as she told an inquiry the CFMEU stalked her family, tracking her children to bus stops and More

Fashion label’s new store draws big crowd

More than 200 shoppers lined up for the opening of an Australian fashion brand's new Sunshine Plaza store. SABO's Sunshine Coast shop officially opened this 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