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.
n Fischer & Ors v Nemeske Pty Ltd & Ors ( HCA 11;  NSWSC 203), the High Court yesterday upheld the decisions of the Supreme Court of New South Wales and Court of Appeal.
The High Court’s decision confirmed that the resolution of a trustee of a discretionary trust to distribute an amount equal to the value of shares owned by the trustee to a beneficiary (Nemes) created a debt payable upon demand enforceable against the trustee by Nemes’ executor upon Nemes’ death.
This paper was presented by Amanda Morton and Rob Jeremiah at the Eighth Annual Estate Planning Conference Television Education Network, held on 20 March, 2014.
The purpose of this paper is to discuss a number of tools which may be used to implement an estate plan and to achieve the client’s objectives.
Given (unfortunately) that disputes are more likely to arise between family members upon the death of a client in a blended family situation, it is most important that proper consideration be given to the client’s estate plan and how to achieve their objectives.