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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:

Author Photo - Matthew BURGESS
Matthew BURGESS

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This was presented at The 28th National Convention .

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