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.
Danielis a Principal of
Sladen Legal. He is a Chartered Tax Advisor
with The Tax Institute, accredited as a
specialist in Taxation Law with the Law
Institute of Victoria, and the principal author
of the Trust Structures Guide, recognised by
The Tax Institute as “the leading resource for
anyone advising on trusts, structuring and
planning issues”. From 2016 to 2019, Daniel
has been named in the list of Australia’s
“Best Lawyers of the Year” in the practice
of tax law in the list compiled by United
States peer-review company Best Lawyers.
Daniel has also been recognised in Doyles
Guide as a recommended tax lawyer since
2016. Daniel is 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
04 September 2019
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
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