At Hall & Wilcox, we specialise in trust administration (and disputes) and have a team of experienced lawyers who can assist you in all aspects of trust administration (both simple and complex). We also understand the involvement of family dynamics in trust administration and we are therefore committed to providing compassionate and supportive legal services to help you through this process.
Trusts are complicated legal instruments and often hold significant financial assets. Trusts are also commonly used to hold and maintain family assets and wealth, meaning family dynamics are ever present.
As a trustee, it is therefore important to have an experienced legal team to help you navigate the complexities of trust administration.
The obligations and expectations of trustees is an evolving area of law, particularly given key decisions in recent years pertaining to the exercise of trustee discretion and the power of trustees to vary trust deeds.
Aspects of trust administration where we can assist are:
- advising on proper process in making distributions to beneficiaries
- advising on lawful variations to trust deeds
- assisting with issues involving co-trustees
- dealing with difficult beneficiaries
- obtaining judicial advice where required
- advising on proper exercise of trustee discretion in all aspects of trust administration
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Private Clients| 25 Jan 2024
We examine the recent landmark decision in Re The Pickering Family Trusts, which highlights alternatives for trusts lacking variation powers, showcasing the court's use of Trustee Act powers.
Private Clients| 18 Dec 2023
Using insights from the Owies case, we examine the limitations to a trustee's discretion of family trusts.
Private Clients| 11 Dec 2023
A recent Victorian Supreme Court decision highlights the potential for children to dispute the documented intentions of their deceased parent.