Miscellaneous 2008

Modern day trust structures

Source: TAS

Published Date: 17 Oct 2008

 

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Note: This paper was delivered at both the Victorian and Tasmanian Conventions in 2008 (9-11 October and 17-18 October respectively).

This paper considers some of the fundamental concepts underlying the trust relationship and considers how they relate to the modern day trust structure. Issues addressed include:

  • is the concept of the substratum of a trust still relevant?
  • mere, trust, general, special, hybrid and dispositive powers - what are they and why is the distinction important?
  • consideration of the fiduciary obligation of trustees
  • beneficiaries of a discretionary trust as discretionary objects - significance?
  • an overview of income for the purposes of Division 6 and its application for a modern trust structure.

Individual Session

Modern day trust structures

Author(s): Daniel Smedley CTA
Materials from this session:

Details

  • Published By: Daniel Smedley CTA
  • Published On:17 Oct 2008
  • Took place at:Tidal Waters Resort, St Helens

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