100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business column: common asset protection a matter of trust

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Developer unveils $13m dual sports hubs

Two new sporting facilities worth a combined $13 million have opened in a booming Sunshine Coast estate. Developer Stockland has unveiled the $8 million Baringa More

New uni trial targets eye damage from diabetes

The University of the Sunshine Coast (UniSC) has begun a new clinical trial set to delay the progression of eye damage caused by diabetes. Non-proliferative More

B2B: Why burial space may be hard to find

Queenslanders are living longer, our communities are growing and families are becoming more diverse. But this growth comes with an unexpected challenge: many local cemeteries More

Photo of the day: bucolic scene

Photographer Sandy Gillis said this iconic view of the Glasshouse Mountains from Maleny, was once very popular as a background for wedding photos.  If you More

Coast caravan builder with 250 staff in administration

A Sunshine Coast-based caravan manufacturer with about 250 employees has entered administration. Restructuring advisory firm Cor Cordis has been appointed as administrator of Zone RV, More

Safety review launched for increasingly busy road

Sunshine Coast Council is undertaking a safety review of a key road through a local town. Officials are set to assess Lindsay Road, which is More

Discretionary family trusts aren’t just for the super wealthy. They are a common asset protection and tax-minimisation tool for thousands of Australian families.

They often include a long list of potential beneficiaries. It’s probably fair to say, over the years Trustees have become a bit blasé about strictly observing some of the obligations
imposed on them – with mum and dad running the show, exercising ‘absolute discretion’ steering funds to whoever they liked (including themselves) and excluding other beneficiaries.

Well, the Victorian Court of Appeal has recently given all Trustees a wake-up call about carrying out their duties.

The Court declared that two adult children had been unfairly repeatedly overlooked for distributions from the family trust and that the Trustees (the parents) had failed to properly exercise their discretion.

The Court confirmed a Trustee has to give real and genuine consideration as to
who should benefit, including making inquiries of the beneficiaries’ needs.

How a Trustee goes about this is uncertain. It may mean that the Trustee should be informed of the circumstances of each of the numerous potential beneficiaries.

It might be time to blow the dust off your trust deed and actually review it and
its primary purpose.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share