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  Miscellaneous 2009

Protecting discretionary trusts following Richstar, Cummins and Spry

Source: South Australia

Published Date: 4 Aug 2009

 

This presentation considers whether discretionary trusts remain an effective means for protecting assets given the decisions in a number of recent court cases. In particular, it:

  • examines the decisions in Cummins, Richstar, Public Trustee v Smith and Spry
  • discusses the difficulties of an "at risk" individual being the appointor of a discretionary trust
  • reviews the options available to preserve discretionary trusts as asset-protection vehicles
  • considers whether it matters who are the shareholders & directors of the trustee, and the beneficiaries & appointor of the trust.

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Author(s)

Individual Session

Protecting discretionary trusts following Richstar, Cummins and Spry

Author(s): Michael Butler CTA
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