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Bespoke drafting of trust deeds vs. fixing up problems in old deeds paper

Published on 23 Apr 20 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • how wide should the class of beneficiaries be in a discretionary trust?
  • who should be the trustee?
  • who should be the appointor and / or guardian
  • power to vary in the instrument
  • Trustee Act powers and court authorised amendments
  • consequences of the creation of a new trust
  • tax problems with a broad class or foreign beneficiaries.

Author profiles

Edward SKILTON
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Daniel Smedley CTA
Daniel enjoys solving complex taxation and trust law issues for private enterprise clients. He is also a trusted confidant in planning the succession of his client’s personal and business affairs. Daniel is a Chartered Tax Advisor with The Tax Institute, accredited as a specialist in Taxation Law with the Law Institute of Victoria, and the principal author of the Trust Structures Guide published by The Tax Institute. Since 2016, Daniel has appeared in the list of one of Australia's “Best Lawyers of the Year” in the practice of tax law. The list is compiled by Best Lawyers and published in the Australian Financial Review. Daniel has also been recognised in Doyles Guide as a recommended tax lawyer since 2016. Daniel is a regular presenter at state and national industry conventions, conferences and workshops. - Current at 22 October 2019
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Neil Brydges CTA
Neil Brydges, CTA, is a Principal Lawyer in Sladen Legal’s tax group. Neil practises in all areas of direct and indirect tax with a focus on the taxation of trusts, corporate tax, mergers and acquisitions, international tax, and Division 7A. Neil is an Accredited Specialist in Taxation Law and Chair of the Tax & Revenue Law Committee with the Law Institute of Victoria, a member of the Tax Committee of the Law Council of Australia, and a Chartered Tax Advisor and member of the SME, Dispute Resolution, and GST Technical Committees with The Tax Institute. - Current at 02 June 2020
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