A Matter of Trusts

Taxation in Australia Journal

In this article Phil Broderick and Milton Louca review whether the presumption of regularity can “cure” defects in a trust’s chain of documents.  Hint - a couple of self managed superannuation fund (SMSF) cases suggest it could (in certain circumstances).

A defective chain can create significant issues in administering a trust or an SMSF and therefore the presumption can be an important option to help cure these defects. In addition to the presumption of regularity, this article also looks are other alternatives to “fix up the chain”

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