Family Trust Deeds - Webinar Recording

family trust deeds

Presented by: Allan Swan

This webinar highlights the uniqueness of Australian family trust deeds, with the trustee having very wide discretionary powers.

Most trust deeds & constitutions have clearly defined entitlements for beneficiaries, members or shareholders.  Using a template of an Australian family trust deed, this webinar highlights the contrast that are Australian family trust deeds, with the trustee having very wide discretionary powers, subject however to the many constraints imposed by income tax, bankruptcy, family and succession laws.

Family trust deeds – setting out key roles

·       Settlor – exclusion from ongoing benefit

·       Trustee, appointor & guardian

·       Class of potential beneficiaries & other key definitions

Trust income & capital provisions

·       Requirement for trustee income resolution by end of each financial year

·       Power to distribute trust capital, pre vesting of trust

·       Vesting of trust

Trustee powers

·       Benefits other than income or capital, eg use of trust property

·       Investment powers

·       Borrowing & loan security powers

Amendments to trust deed

·       Power to amend – just trustee v trustee with appointor’s consent

·       Ensuring shared control by 2nd generation

·       Rights of use, eg trust owned beach house, farmlet or ski lodge

 

Recorded on Tuesday, 30 October 2018

1.5 CPD Hours

 
Family Trust Deeds


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