In May 2016, " Creating Entitlements in Discretionary Trusts " written by Sladen Legal's Amanda Morton was published in the Tax Institute’s Journal, Taxation in Australia.
It discusses strategies for enlarging the estate of a testator who has insufficient personal wealth to make gifts under their will but control of significant trust assets. In particular, it considers the High Court’s decision in Fischer & Ors v Nemeske Pty Ltd & Ors  HCA 11 as the result of which the executor of a will was entitled to enforce their claim for payment of an unpaid distribution made to the deceased against the trustee of a discretionary trust.
But the practical, commercial and tax issues of any strategy must be considered and, of course, regard must be had to the trust documentation.
To discuss this article, or for further Information please contact: