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Discretionary trust interests: the Westpoint litigation paper

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Publication date: 13 Sep 06

Source: VICTORIAN DIVISION, THE TAX INSTITUTE

Abstract:

This paper addresses the implications of the Westpoint litigation for trusts and what the future holds in relation to the following:

  • can a discretionary beneficiary have an ‘interest’ in a family trust?
  • how can family trust assets be exposed to claims against beneficiaries?
  • what is likely to happen with beneficiaries, appointors, guardians and trustees in future?

Author profiles:

Renuka Somers FTIA
Renuka is a Lawyer with Harwood Andrews Lawyers.
Current at 01 May 2010
Click here to expand/collapse more articles by Renuka SOMERS.
 
Author Photo - Ronald Jorgensen FTIA
Ronald Jorgensen FTIA
Ron is a Principal of Harwood Andrews Lawyers and primarily consults on federal and state revenue laws and revenue litigation. Ron also advises in respect of business structuring, tax sensitive commercial transactions and property developments. He is a member of numerous technical and advisory taxation committees with the Taxation Institute and the Law Institute of Victoria. Ron holds a Master of Laws (Taxation) and is a LIV Accredited Specialist in Tax Law.
Current at 01 March 2012
Click here to expand/collapse more articles by Ron JORGENSEN.

 

This was presented at Trust Practices Under Threat!.

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Everyday trust practices under siege
Author(s):  Jeffrey CHANG

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Discretionary trust interests: the Westpoint litigation
Author(s):  Ron JORGENSEN,  Renuka SOMERS

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