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Published on 13 Mar 13
by NATIONAL DIVISION, THE TAX INSTITUTE
Since the High Court decision in Kennon v Spry, there has been increasing concern among practitioners that the trust assets of their clients could be subject to Family Court attack. This paper focuses on the Family Court’s treatment of trusts to consider issues such as:
when do trusts become part of the pool of assets?
if not in the pool, will a trust be a financial resource? If it is a financial resource, what effect will it have on the outcome?
how does a parent structure their affairs to protect their children?
what do the more recent cases reveal?
what tax, structuring and estate planning issues should be considered?
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