Australia: Trusts

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

So You've Updated Your Estate Plan, But What Happens To The Family Trust When You Die?

Family discretionary trusts are a common way to preserve wealth, protect assets and ensure they are passed down to lineal descendants.

Australia Family

KK

Kalus Kenny Intelex

It depends – What happens to the appointor role in my family discretionary trust when I die?

Transcript & link to video discussing what is an appointor? What happens when an appointor dies? What if I don't like what my trust deed says?

Australia Family

CG

Cooper Grace Ward

Lifespan of trusts extended thanks to new Property Law Act

Queensland's new Property Law Act extends the trust perpetuity period to 125 years, increasing flexibility for trust planning.

Australia Commercial

CG

Clifford Gouldson Lawyers

Queensland trusts can now operate for 125 years - What you need to know

Perpetuity period for trusts extended from 80 to 125 years - new opportunities for intergenerational wealth management & tax planning.

Australia Commercial

MD

McCarthy Durie Lawyers

APAC Monthly Private Wealth Legal Developments – June 2025

Worldwide Wealth Mgt

KL

Herbert Smith Freehills Kramer LLP

It depends – Trust vesting

Australia Commercial

CG

Cooper Grace Ward

Good faith in statutory derivative actions: Insights from Gillespie v Gillespie (2025)

Australia Commercial

M

McCabes

Key Lessons From High Court Trust Litigation: Structuring Family And Business Trusts

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

A "special" trust deed variation and lessons for estate planning

Australia Family

PA

Piper Alderman

Family Office Comparative Guide

Australia Wealth Mgt

Arnold Bloch Leibler

New Rules for Trusts in Queensland: Are you ready?

Australia Commercial

CG

Clifford Gouldson Lawyers

FIRB Issues – Recent Changes in Respect of Residential Land – Approvals Required where Change of Trustee

Australia Commercial

PP

Pointon Partners

No fiduciary obligation to a former trustee

Australia Commercial

CC

Corrs Chambers Westgarth

Landmine Div 7A decision for Commissioner – FCT v Bendel 2025 FCAF 15 (31 March 2025 – Backfire for Commissioner – Section 109D Div 7A attack on Corporate Beneficiaries fails and causes Commissioner other problems)

Australia Commercial

PP

Pointon Partners

Australian Productivity Commission Proposes Text & Data Mining Exception To Copyright Infringement For AI Training

KL

Herbert Smith Freehills Kramer LLP

Can Wills Be Contested by Family and Friends?

Australia Family

JS

JB Solicitors

Demystifying Australia's National Anti-Corruption Commission (Video)

Australia Criminal

AM

Alvarez & Marsal

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

New English Language Requirements For Australian Visas

Australia Immigration

RM

Roam Migration Law

What are the common pitfalls in discretionary trusts?

Transcript & link to video discussing common pitfalls in discretionary trusts.

Australia Commercial

CG

Cooper Grace Ward

The gap in unitholder rights

Whilst unit trusts have tax advantages, unitholders do not have same rights as shareholders regarding a way out.

Australia Commercial

CO

Carroll & O'Dea

APRA hones in on trustee spending behaviour

Looks at trustees' obligations to put the financial interests of fund members first when making fund expenditure decisions.

Australia Commercial

PA

Piper Alderman

"My partner left his binding death benefit to me, but the superannuation trustee won't hand it over" – which case won?

Supreme Court of NSW involved a binding death benefit nomination and a superannuation trustee.

Australia Commercial

S

Stacks Law Firm

Court rules trustee justified in paying death benefit, despite compliance issues and breach of trust

Australia Commercial

CG

Cooper Grace Ward

It Depends – Is there duty payable on a transfer of units in a Unit Trust?

CG

Cooper Grace Ward

How 2024 is shaping up for super trustees

Australia Commercial

PA

Piper Alderman

It Depends – Is my company a Special Purpose Super Trustee Company?

Australia Commercial

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – getting your trust resolutions right before 30 June

CG

Cooper Grace Ward

Distribution deliberations: How trustees of discretionary family trusts can protect themselves

Australia Commercial

PA

Piper Alderman

Vesting Interests: Stamping out capital confusion – CGT and Victorian stamp duty consequences of a trust vesting

PP

Pointon Partners

Private Ancillary Funds (PAFs)

Australia Commercial

PP

Pointon Partners

It Depends – What happens to the assets in my discretionary trust when I die?

Australia Commercial

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – tax issues for testamentary trusts and deceased estates

CG

Cooper Grace Ward

Vesting Interests: Stamping out capital confusion – CGT and Victorian stamp duty consequences of a trust vesting

Discusses the CGT and Stamp Duty consequences of trusts vesting in Victoria.

PP

Pointon Partners

Private Ancillary Funds (PAFs)

A PAF is a private philanthropic vehicle established and operated by a high net worth individual or family.

Australia Commercial

PP

Pointon Partners

It Depends – What happens to the assets in my discretionary trust when I die?

Transcript & link to video discussing what happens to assets in your discretionary trust when you die.

Australia Commercial

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – tax issues for testamentary trusts and deceased estates

Tax issues for deceased estates and testamentary trusts.

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – are trust distributions to your adult kids subject to section 100A?

CG

Cooper Grace Ward

Protecting assets and preserving wealth through Discretionary Trusts

A Discretionary Trust can be a tax-effective structure to build wealth for future generations.

Australia Commercial

MF

Matthews Folbigg Lawyers

It Depends – What's the difference between Unit Trusts and Fixed Trusts?

Transcript & link to video discussing Unit Trusts and Fixed Trusts.

Australia Commercial

CG

Cooper Grace Ward

It Depends – The many uses of trust cloning

Trust cloning is a Queensland strategy, to transfer an asset from one trust to another, using a declaration of trust.

Australia Commercial

CG

Cooper Grace Ward

It Depends – When should I update my discretionary trust deed?

Link to video & transcript discussing when to update DTD & reasons to update your DTD.

Australia Commercial

CG

Cooper Grace Ward

Trust Deeds: What to do when all is lost?

Australia Commercial

PA

Piper Alderman

It Depends – Is trustee discretion as good as we think?

Australia Commercial

CG

Cooper Grace Ward

Top 10 superannuation trustee priorities for 2024

Australia Finance

PA

Piper Alderman

Owies v JJE Nominees: The trustee's consideration of beneficiaries in income distributions and the written reasons conundrum – When is a trustee not acting in the best interests of the beneficiaries and can be replaced by the court?

Australia Commercial

PP

Pointon Partners

New year, new medical practice?

Australia Commercial

A

Avant Law

It Depends – Is there duty payable on the issue of additional units in a unit trust?

CG

Cooper Grace Ward

ATO Commissioner to appeal AAT Bendel decision: key implications for taxpayers

HR

Holding Redlich

Security Of Payment Podcast Series – Retention Money Trusts

Australia Commercial

HS

Herbert Smith Freehills Kramer LLP

Podcast: TaxLand with Fletch and Sarah – Capital distributions from foreign trusts: when are these taxed by section 99B?

CG

Cooper Grace Ward

It depends – What is a child maintenance trust and when can I use one?

Australia Family

CG

Cooper Grace Ward

The Owies Family Trust controversy: When family and finances collide

Australia Family

OD

O'Sullivan Davies Lawyers

Latest changes to trustee breach reporting

Australia Commercial

HR

Holding Redlich

It Depends – Family trust change of trustee (part 6 – stamp duty)

Australia Family

CG

Cooper Grace Ward

The PJC's Corporate Insolvency Report

Australia Insolvency

VY

Vincent Young

Victorian State Revenue Office Case Alert – Section 36A Discretionary Trust to Beneficiary Duty Transfer Exemption Refused

P

PCL Lawyers

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Latest Videos

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It Depends – Family trust change of trustee (part 4 – assets)

CG

Cooper Grace Ward

It Depends – Will amending my trust deed result in a resettlement of my trust?

CG

Cooper Grace Ward

It Depends – What happens if I appoint or remove beneficiaries of my family trust?

CG

Cooper Grace Ward

It Depends – Will my trust end if I lose my trust deed?

CG

Cooper Grace Ward

It Depends – Can trust cloning be used to transfer assets between trusts without duty or CGT?

CG

Cooper Grace Ward

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