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ARTICLE · 26 AUGUST 2023

It depends – Does a trustee have absolute discretion?

Cooper Grace Ward
Cooper Grace Ward
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Absolute discretion means that the trustee can make decisions without direction from the beneficiaries of the trust.

AustraliaCorporate/Commercial Law
Sarah Camm
Sarah Camm
Hayley Mitchell
Hayley Mitchell
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In this edition of 'It depends', partner Hayley Mitchell talks about whether a trustee has absolute discretion. Hayley and associate Sarah Camm will be covering this topic in a webinar later this month. Register now to learn more about trustees exercising their discretion.

Video transcript

Hi and welcome to another edition of It Depends. Today I'm going to be talking about whether a trustee has absolute discretion.

What is the trustee's role?

The trustee's role and the way that it can exercise its power will depend on a variety of factors, including the terms of the trust deed itself. Are we dealing with a family discretionary trust or a self-managed super fund or a unit trust, for example? The nature and purpose of the trust, who is included as a beneficiary of the trust, and what are the considerations that the trustee needs to take into account or think about when it's making its decision? Typically, for a discretionary trust or what we commonly

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© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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