VideoIt Depends – How do I set up a testamentary trust?A testamentary trust is usually created and included in a will, and can be a really effective estate planning tool.AustraliaFamily and MatrimonialCooper Grace Ward
VideoIt Depends – What happens if I appoint or remove beneficiaries of my family trust?This edition of 'It depends' discusses appointing or removing beneficiaries of your family trust.AustraliaFamily and MatrimonialCooper Grace Ward
VideoIt depends – What happens to the appointor role in my family discretionary trust when I die?Transcript & link to video discussing what is an appointor? What happens when an appointor dies? What if I don't like what my trust deed says?AustraliaFamily and MatrimonialCooper Grace Ward
ArticleTrusts in family law disputes – Indiscretionary discretion is NOT advisedWhen determining if trust assets are property of the marriage, the Family Court will look at who controls the assets.AustraliaFamily and MatrimonialSajen Legal
ArticleTrusts – indiscretionary discretion is NOT advisedBrief overview of trusts, discretionary trusts & busting the trusts.AustraliaFamily and MatrimonialSajen Legal
Article2016 budget changes – is your SMSF trust deed going to get in the way?It is time to consider if your current SMSF trust deeds are appropriate for the 2016 budget changes to superannuation.AustraliaFinance and BankingCooper Grace Ward
ArticleChanges to Victorian additional foreign purchaser dutyDiscretionary trusts owning Victorian land pay additional foreign purchaser duty if the trust benefits a foreign person.AustraliaTaxMcCullough Robertson
ArticleIt Depends – Is there duty payable on the issue of additional units in a unit trust?Discusses whether transfer duty is payable on the issue of additional units in a unit trust.AustraliaTaxCooper Grace Ward
ArticleNSW foreign duty and land tax surcharge – still time to amend your discretionary trust deedA reminder to amend your discretionary trust deed to exclude foreign persons as beneficiaries before 31 December 2020.AustraliaTaxCooper Grace Ward
ArticleRecent ATO audit activity signals a tighter, tougher and better-policed application of section 100A to trust distributionsWhat should you be doing now in preparation for the release of the ATO ruling on s100A?AustraliaTaxMcCullough Robertson
ArticleTrustees beware - Distributions of capital gains to non-resident beneficiaries held to be taxable in the Greensill decisionTrustees who distribute capital gains to non-resident beneficiaries need to include these gains in assessable income.AustraliaTaxCooper Grace Ward
ArticleIt depends – 125-year vesting of trusts in QueenslandProposed legislative changes will allow trustees to delay vesting of the trust until 125 years from the date of set up.AustraliaCorporate/Commercial LawCooper Grace Ward
ArticleIt depends – Does a trustee have absolute discretion?Absolute discretion means that the trustee can make decisions without direction from the beneficiaries of the trust.AustraliaCorporate/Commercial LawCooper Grace Ward
ArticleIn my SMSF, does my binding death nomination need to follow the terms of the trust deed to a tee?For a self-managed super fund, the trust deed is paramount, so courts interpret the terms strictly. AustraliaFinance and BankingCooper Grace Ward
ArticleTax Office tries to stop company transferring land after large tax assessment – which case won?The ATO Commissioner alleged that the declarations amounted to an "alienation of property" designed to defraud creditors.AustraliaTaxStacks Law Firm
ArticleTax UpdateTrustees have until 31 December 2020 to exclude foreign residents as potential beneficiaries of NSW discretionary trusts.AustraliaTaxMcCullough Robertson
ArticleAdvisers beware: are your variations and changes of trustees effective?All amendments to the trust must be properly documented, signed and dated and comply with the terms of the trust deed.AustraliaCorporate/Commercial LawCooper Grace Ward
ArticleDirectors of REs (responsible entities) have great responsibilitiesMore is expected of directors of professional trustees than is expected of directors of some other kinds of corporation.AustraliaCorporate/Commercial LawHolley Nethercote
ArticleFamily Trusts - the good, the bad and the uglyFamily Trusts or Discretionary Trusts are a great way to protect family wealth and are valuable for small businesses. AustraliaCorporate/Commercial LawStacks Law Firm
ArticleHave you updated your trust deed yet? Do it now avoid the rush at 30 JuneTR 2012/D1 reinforces some of the serious problems that could arise if your trust deed does not define income properly.AustraliaCorporate/Commercial LawCooper Grace Ward