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Bespoke Drafting of Trust Deeds vs. Fixing Up Problems in Old Deeds

Published on 23 Apr 2020 | Took place at Online, VIC

This webinar covered:

  • how wide should the class of beneficiaries of income and capital be and what happens in default of an appointment of income and upon vesting?
  • who should hold controlling roles and what powers should they have?
  • what rights should the trust deed grant the beneficiaries?
  • issues related to foreign beneficiaries
  • hard wiring succession vs enabling incumbent controllers to pass control as they see fit.

Individual sessions

Bespoke drafting of trust deeds vs. fixing up problems in old deeds

Author(s):  Edward SKILTON,  Daniel SMEDLEY,  Neil Brydges

This paper covers:

  • how wide should the class of beneficiaries be in a discretionary trust?
  • who should be the trustee?
  • who should be the appointor and / or guardian
  • power to vary in the instrument
  • Trustee Act powers and court authorised amendments
  • consequences of the creation of a new trust
  • tax problems with a broad class or foreign beneficiaries.
Materials from this session: