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Genuine doubt required as to the operation of the trust deed or the trust administration.

Trustees of discretionary trusts owning NSW residential property should amend trust deeds to avoid foreign beneficiaries.

Even if you don't have substantial assets, a legal will is extremely important, especially during these uncertain times.

Discretionary trust deeds must expressly exclude foreign beneficiaries or stamp duty or land tax surcharges may apply.

This case showed that a well drafted trust deed can protect the assets of a trust if something happens to the trustee.

An outdated discretionary trust can undermine asset protection & succession goals.

For families caring for a person with a severe disability, understanding how to provide long-term financial security while maintaining access to social security benefits presents unique challenges. Special Disability Trusts offer a structured legal solution with significant asset-test exemptions and gifting concessions, but navigating the complex eligibility requirements, compliance obligations, and determining whether this structure suits your family's circumstances requires careful consideration.

Obtaining certainty of being classified as a ‘fixed trust’ is now more important than ever for fund managers as the trustees of most non-fixed trusts are proposed to be subject to a 30% minimum tax from 1 July 2028.

Family Trusts are widely used in Australia to hold property, operate businesses and manage family wealth. Many individuals believe that placing assets in a trust automatically protects them from a property settlement if a relationship breaks down. However, under the Australian Family Act, the reality is more complex.

The Court's decision turned on the steps taken by the trustee to reduce the risk of adverse consequences for the Fund.

The corporate trustee's right of indemnity by way of exoneration was property of the company within the meaning of s 433.

The Rambaldi case considered Quistclose trusts, third party payments and preference recoveries in a bankruptcy context.

Discusses the CGT and Stamp Duty consequences of trusts vesting in Victoria.

The most contentious change is that the transfer of assets must be part of a genuine restructure of an ongoing business.

The article reconsiders deducting superannuation contributions for directors of trustees of 'passive' investment trusts.

The High Court held that disclaimers of the right to trust income did not operate retrospectively.

By having a trust deed drafted to suit your own particular needs, you can ensure that your trust will work when needed.