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Trust Practices Under Threat!

Published on 13 Sep 2006 | Took place at Hawthorn Receptions, Hawthorn, VIC

The recent Westpoint litigation and other recent trust cases are testing the merits and fortitude of family trusts and everyday trust practices. Question now being posed:
- can family trusts any longer be relied upon for asset protection?
- do trust deeds need to be redesigned?
- who is the owner of property assumed to belong to a trust?
- how are unpaid trust distributions treated by the law?
- is the law on family trusts fundamentally changing?

Get a 20% discount when you buy all the items from this event.

Individual sessions

Everyday trust practices under siege

Author(s):  Jeffrey CHANG

This paper highlights the lessons learnt from recent cases on common trust dealings and practices including:

  • treatment of settled sums
  • unpaid distributions: present entitlements v. separate trust funds
  • beneficiary ‘loans’. Is it really a loan?
  • mistakes as to ownership of trust assets.
Materials from this session:

Discretionary trust interests: the Westpoint litigation

Author(s):  Ron JORGENSEN,  Renuka SOMERS

This paper addresses the implications of the Westpoint litigation for trusts and what the future holds in relation to the following:

  • can a discretionary beneficiary have an ‘interest’ in a family trust?
  • how can family trust assets be exposed to claims against beneficiaries?
  • what is likely to happen with beneficiaries, appointors, guardians and trustees in future?
Materials from this session: