Trust Law Principles And Challenging BDBNs
Mutual will agreements
State trust surcharges invalid?
Managing Invalid Distributions
Bosanac: presumption of advancement
Lost trust deeds
Trusts Intensive - What’s That? My Distribution Is Invalid?
Actions of trustees in administering trusts are increasingly being challenged by beneficiaries. Such challenges often come to light with disputes as to the validity of amendments to trust deeds and the identity of the appointor. These issues often bring to light other deficiencies in trust administration with some of the most significant being the potential invalidity of the trustee’s year end resolutions concerning the appointment of trust law distributable income.
Section 100A: “oh no not you again”
Fixed trusts and NALI
Appointors: The Problem Of Incapacity
Certainty And Establishing A Trust
SMSFs and the use of bare trusts
Residency of a trust: don’t get it wrong
Transfer to a trustee found to be non-dutiable
The Victorian Court of Appeal’s decision in MD Commercial Pty Ltd v Commissioner of State Revenue [2019] VSCA 295 was a culmination of the battle between the Victorian Commissioner of State Revenue and the taxpayers’ statutory interpretation of a duty exemption contained in s 35 of the Duties Act 2000 (Vic) (Act) and whether the trustee had to be in a “bare trustee” relationship with no active powers being held by the trustee.