A Matter of Trusts
Taxation in Australia Journal
Where the trustee is unable or unwilling to vary the identity and/or powers of the appointor, the court may intervene.
Many modern discretionary trust deeds provide that trustees can be removed and appointed by an “appointor”. The appointor may have additional powers, for example, the trustee may not have the power to distribute capital or vary the trust instrument without the consent in writing of the appointor. There are also some asset protection considerations which relate to the appointor. If a party to a relationship is the appointor of a trust, the trust assets could be held to be property or a resource of that party in a family law matter.
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