Complications with trustee duties

Published Date: 8 Feb 2024

 

A trustee’s duties to avoid conflicts, to not engage in self-dealings, to provide beneficiaries with documents of the trust, and to otherwise act in the best interests of the beneficiaries of the trust can cause substantial and unintended issues for the trustees of family trusts. This is particularly case where there are dealings between the trust and other companies and entitles of the same family, and where there has been a breakdown of relations between the trustee and one or more of the beneficiaries. Many of these issues can be avoided or minimised at the outset by the careful drafting of the trust deed and by the other means discussed in this article.

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