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Trust law: vesting and resettlement issues

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Published on 01 Nov 21 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

This article examines the recent case of Re McGowan and Valentini Trusts. In particular, the article examines the expansion of the situations in which a trust deed can be amended and a trust vesting date can legitimately be extended after vesting of a trust and without creating a new trust. The article touches on the ability of beneficiaries to join together to amend a trust deed. Also examined are the legislative requirements for a declaration of trust to be proved by some signed writing by the declarant of the trust and the means by which those requirements can be met to ensure that there is an enforceable trust.

Author profile

Dr Philip Bender ATI
Dr Philip Bender, ATI is a barrister at the Victorian Bar. He is the author of Bender’s Australian Stamp Duties, published by the Tax Institute. He acts in Federal and State taxation, superannuation, and trusts and estates matters for taxpayers and revenue authorities. In the trusts area, he has acted in many taxation disputes involving trusts issues, and has acted in many trusts matters involving, amongst other topics, trust deed and will interpretation, alleged breaches of trust; trustee removal applications; judicial advice; charitable trusts; and superannuation death benefits disputes. - Current at 06 March 2023
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