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Variation & Resettlement of Trusts

Published on 07 Apr 2004 | Took place at The Menzies Hotel, Sydney, NSW

Trusts offer a highly flexible means of owning investments, both for assets held within the family and in commercial dealings. However, that very flexibility can lead to pitfalls. The stamp duty dilemmas have been known for a long time; the CGT problems are also important.

Individual sessions

Settlements at common law and for certain statutory purposes

Author(s):  David KL RAPHAEL This paper examines some of the multitude of difficulties that have to be managed when trusts are varied or re-organised, including:
- trust law aspects of variation
- consideration of fraud on the power
- concepts of property of the trust
- what is a resettlement?
- must a resettlement create an adverse capital gain result?
- recent cases
- the Commissioner's statements.

Materials from this session: