2023 Trusts

Trust issues

Published Date: 15 Nov 2023


For trustees making distributions from a discretionary trust, there is more to consider than the application of section 100A and section 99B. Trustees are under a fiduciary duty to administer a trust in accordance with the terms of the trust imposed upon them. This session covers other important questions that trustees should be taking into account, such as:

  • Does the trustee have unfettered discretion (re: Owies case)?
  • Can the Commissioner apply Part IVA to family trust distribution decisions (Minerva case);
  • What happens if my trust has vested? and
  • What should distribution minutes look like? (TR 2018/6).

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Individual Session

Author(s): John Ioannou CTA


  • Published By: John Ioannou CTA
  • Published On:15 Nov 2023
  • Took place at:Sofitel Noosa Pacific Resort

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2023 Trusts

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