Modern day trust structures paper

Published on 17 Oct 08

Note: This paper was delivered at both the Victorian and Tasmanian Conventions in 2008 (9-11 October and 17-18 October respectively).

This paper considers some of the fundamental concepts underlying the trust relationship and considers how they relate to the modern day trust structure. Issues addressed include:

• is the concept of the substratum of a trust still relevant?
• mere, trust, general, special, hybrid and dispositive powers - what are they and why is the distinction important?
• consideration of the fiduciary obligation of trustees
• beneficiaries of a discretionary trust as discretionary objects - significance?
• an overview of income for the purposes of Division 6 and its application for a modern trust structure.

Author profile

Daniel Smedley CTA

Daniel is a Principal of Sladen Legal. He is a Law Institute of Victoria Accredited Specialist in Tax Law and holds a Master of Taxation. Daniel is the principal author of Trusts Structures Guide published by The Tax Institute and a regular presenter at industry conferences and workshops. Daniel primarily advises businesses and high net worth individuals in relation to business and investment structuring, trusts, succession planning and taxation law. - Current at 26 February 2016

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• 2012 Trusts roadshow workshop paper - 16-August-2012
• A matter of trusts: Continuity of the trust estate: FC of T v Clark - 01-March-2011
• 2010 trusts roadshow workbook paper - 23-September-2010
• Trusts roadshow: Case studies and workbook paper - 23-May-2008
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• 2007 Trusts National Roadshow: Workbook and Case Studies - 25-May-2007
• Changes to the CGT small business concessions paper - 19-May-2007
• A matter of trusts : Trusts holding underlying interests in entities - 01-February-2007
• Trusts and succession planning paper - 21-October-2006
• CGT small business concessions - selected issues paper - 06-October-2006
• Trusts Workshop 2006 - 08-June-2006
• Establishing new trusts as part of succession planning paper - 25-August-2005
• A Matter of Trusts: Family trust elections - remain vigilant - 01-August-2005
• A matter of trusts: Asset protection and trusts - 01-April-2005
• A Matter of Trusts: In-specie distributions and GST - 01-February-2005
• Comparison of trusts seminar paper - 30-November-2004
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• A Matter of Trusts - 01-August-2004
• My Client the Property Investor/Developer - Part II convention paper - 02-April-2004

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