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Passing control of existing trusts paper


This paper covers the following topics:

  • are the people/entities we think are beneficiaries, actually beneficiaries of the trust? - Excluded beneficiaries are problems with former spouse, trustee, notional settlor
  • adding or excluding beneficiaries and resettlement issues
  • the role of the appointor/guardian/supervisor in passing control to the next generation - appointor provisions as the will for the trust
  • splitting trusts - what is it, how does it work, what are the taxation implications and when would you do it?
  • family trust election issues with passing control of existing trusts
  • extending the life of an existing trust beyond the life of the existing controller.

This paper was also presented at the Preserving and Passing on the Family Wealth seminar held in Melbourne on 8 November 2005 and on 1 December 2005 at the repeat 13th National Tax Intensive Retreat in Noosa.

Author profile

Robert Jeremiah CTA
Rob is a principal of Sladen Legal. He is accredited by the Law Institute of Victoria as a specialist in both Tax Law and Business Law and is on its Tax Law Specialisation Advisory Committee. He is a member of the board and technical and policy committee of SISFA. Rob is acknowledged as a leader in his field and is regularly asked to share his specialist knowledge on areas such as tax, superannuation, succession and estate planning and trusts. Rob has been a principal of Sladen Legal and its predecessor firm since 1981. - Current at 29 June 2020
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This was presented at 13th National Tax Intensive Retreat: Preserving Wealth for Future Generations .

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Successful succession for success

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