100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business: Why transferring control is a good idea

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Keno windfall for Caloundra couple

A Sunshine Coast couple abandoned most of their dinner after discovering a casual night out had delivered them a $126,143 Keno win. The Caloundra couple More

Academic channels personal loss into community support

A fundraising event on the Sunshine Coast will bring together the community to support children and families affected by a devastating natural disaster. The Nepal More

Alleged knife-point car robbery sparks police pursuit

An alleged armed robbery of a vehicle has led to a police pursuit stretching from the Sunshine Coast to Ipswich. Police allege that a man More

Food innovator cultivates culture of success

A Sunshine Coast fruit processing company has helped a fast-growing fitness brand turn an ambitious product brief into 10 new high protein fruit snacks. Tropico More

Liability claim follows pensioner’s fall from seawall

New safety measures have been added to a Coast seawall after a legally blind pensioner fell from it, resulting in concerns about accessibility. Steve Minton, More

Health retreat approved with strict operating limits

A hinterland mental health retreat has been given the green light to continue operating under a series of conditions controlling its scale and use. Sunshine More

For one reason or another, you may have purchased assets in the name of a Trust.

Often described as ‘Family’ Trusts, these Trusts usually have common features including:

  • a Trust Deed (the rule book)
  • a Trustee (the manager)
  • an Appointor/Principal (the supervisor and controller) and
  • numerous potential Beneficiaries (to receive income and capital at the discretion of the Trustee).

When you pass away, the Trust does not ‘die’ with you. The Trust continues and remains the owner of the assets in the Trust.

It is important to consider how ‘control’ of the Trust can be transferred to the person(s) who you trust to manage the Trust for the benefit of the beneficiaries after you’re gone.

As you don’t own the assets in the Trust, you cannot dictate who receives them through your Will.

The Trust Deed usually contains rules about how control of the Trust is transferred.

Sometimes, it requires you to include a clause in your Will (or a separate Deed) to transfer control to the right person(s) – usually by nominating a replacement Appointor/Principal.

Might be time to dust off your Trust rule book and ensure your Trust is dealt with in your estate plan.

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 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