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

Published on 23 Apr 20 by VICTORIAN DIVISION, THE TAX INSTITUTE

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.

Author profiles

Edward SKILTON
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Daniel Smedley CTA
Daniel Smedley, CTA, enjoys helping private enterprise clients solve complex taxation and trust law issues. He is a trusted confidant in planning the succession of his clients’ personal and business affairs. Daniel is a Chartered Tax Adviser (The Tax Institute) and an Accredited Specialist in Taxation Law (Law Institute of Victoria). He is recognised by his peers in Doyles Guide and Best Lawyers for his work in Taxation, Trusts and Succession Planning. Daniel is a regular presenter at state and national industry conventions, conferences and workshops. - Current at 05 February 2026
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Neil Brydges CTA
Neil Brydges, CTA, is a Principal in Sladen Legal’s tax group. Neil primarily practises in direct taxes and GST, with a focus on the taxation of trusts, deceased estates, property, corporate tax, M&A and Division 7A. Neil has also advised extensively on cross-border taxation issues. Neil is an Accredited Specialist in Taxation Law and a member of the Tax & Revenue Law Committee with the Law Institute of Victoria, Chair of the Tax Committee of the Law Council of Australia, and a Chartered Tax Adviser with The Tax Institute. - Current at 21 January 2026
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