Published on 10 Oct 13
by VICTORIAN DIVISION, THE TAX INSTITUTE
Trusts are supposed to be a protective barrier for family assets. This barrier is under threat from:
- the family law decision in Kennon v Spry (2008)
- the company law decision in Richstar Enterprises Pty Ltd v Carey (2006)
- credit loan accounts and unpaid trust entitlements
- the creation of beneficial interests in the course of estate planning
- bad practices in the administration of trusts.
This paper examines and evaluates each of these threats in practical contexts,including the scope they create for a family trust of another family member to be dragged into matrimonial property disputes, for a trust to be dragged into a beneficiary’s tax dispute and for inheritance claims to turn into trust disputes.
Graeme Halperin, CTA, of Halperin and Co, is a Barrister and Solicitor with over 30 years’ experience specialising in taxation, trust, estate and commercial law with extensive experience in tax, trust, estate and commercial litigation and dispute resolution. He is a former Chairman of the Breakfast Club, State Convention and Education Committee of the Victorian branch of the Tax Institute, served two terms on the Victorian State Council, served on several Tax Institute technical committees and in 2013 received a Meritorious Service Award from the Tax Institute. He has written many articles on tax related topics and has been a regular Tax Institute presenter since the 1990s. He has contributed to Parliamentary Committees and media articles on a range of tax topics, made submissions to the ATO in relation to draft rulings and in 2018 was interviewed in a Four Corners expose on ATO practices.
- Current at
16 December 2020