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Trust assets and the family court: How has the dust settled after Kennon vs Spry presentation

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 onthe outcome???
  • How does a parent structure their affairs to protecttheir children???
  • What do the more recent cases reveal???
  • What tax, structuring and estate planning issuesshould be considered?

Author profile

Matthew Burgess CTA
Photo of author, Matthew BURGESS Matthew co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals. Matthew specialises in tax, estate and succession planning, providing strategic advice to business owners and high net worth individuals. He has been recognised in the ‘Best Lawyers’ list since 2014 in relation to trusts and estates and either personally or as part of View in ‘Doyles’ since 2015 in relation to taxation and since 2017 in relation to wills, estates and succession planning. In part leveraging off the skills he has developed working in the SME market space, Matthew has been the catalyst for a number of innovative legal solutions for advisers and their clients, including establishing Australia’s first virtual law firm. - Current at 21 February 2018
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This was presented at The 28th National Convention .

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