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.

Council defends tiered seawall amid heat, safety concerns

Sunshine Coast Council has backed the design and construction of a new terraced seawall at the region’s most popular beach amid worries it could More

Business domains surge as start-ups go online

Getting a business online is becoming less about juggling a collection of technical jobs and more about establishing a handful of digital essentials from More

Affordable housing plan gains support

A significantly revised housing development featuring 19 affordable rental dwellings has moved closer to approval after winning the support of most Noosa councillors. The proposal More

‘Drinks on us’: best mates celebrate monster win

Two Sunshine Coast mates have celebrated in style after winning $7.6 million. The men from Maroochydore were quick to shout everyone a drink at Club More

Survey shows demand for full-service regional banking

A survey has found overwhelming support for face-to-face bank branches in regional areas, with 95 per cent of respondents rating them as essential or More

Driver fined for 60km/h over limit during holiday blitz

A Sunshine Coast man was among motorists hit with hefty fines after being recorded at excessive speeds during the school holidays. A black BYD Seal 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