Trusts Matters
Our Private Clients experts discuss practical issues around trusts in Australia.
Listen to full episodes of Smarter Lawcast with Hall & Wilcox on Spotify, Apple Podcasts, Castbox and Youtube Podcasts.
Trusts: lost trust deeds
What can be done if a trust deed is lost? William Moore and McLane Edinger discuss practical steps to take, including speaking to any professional who may have had dealings with that trust, applying to a court for an order or declaration, or seeking a deed of confirmation.
Trusts: beneficiaries and rights to information
What rights to information do beneficiaries of a trust have? As many trusts pass to the next generation, some beneficiaries want information from the trustee, such as what assets it holds what the terms of the trust deed are. William Moore and McLane Edinger discuss the approach courts take and issues trustees should consider if they receive an information request.
Trust disputes and trustee discretion
William Moore and David Dickens discuss the themes they are seeing in trust disputes, including trustee decisions being challenged by beneficiaries, and how trustees should approach the exercise of their powers including making distributions.
Trust variations: how to avoid being caught out
Trusts are a significant part of estate planning, but there are risks if the trust deed is not prepared or administered properly. William Moore and McLane Edinger discuss variation powers for trusts, including the breadth of variation powers, problems to look out for, what to do if there is no variation power, and how to avoid triggering capital gains tax issues.
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