Articles matching Equity & Trusts

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How to set up a Testamentary Trust after death

Filed under: Estates, Equity & Trusts, Estate Planning, Succession Planning, Administration of Estates, Family Provisions

Wills using testamentary trusts are the starting point for most estate planning endeavours. They can ensure that wealth will pass to the intended beneficiaries...

How trusts are terminated under Australian law

Filed under: Equity & Trusts, Trusts

There are three main ways in which a trust instrument may be terminated, and are as follows: • the power of revocation may be included within the trust...

Undue influence and equity: What happens if one party is stronger than the other?

Filed under: Equity & Trusts

In equity, when one party holds a stronger position when compared to another party, and compels the weaker party from making a free and independent decision,...

How to use trusts for tax minimisation and asset protection

Filed under: Equity & Trusts, Estate Planning

Whilst many of the following concepts are familiar to accountants and financial planners, Leigh Adams Commercial Lawyers points out seven twists which...

Planning for incapacity: who controls the family trust?

Filed under: Equity & Trusts, Succession Planning

If you control a family trust, it’s not enough to have a Will. You also need a more comprehensive estate plan that determines who replaces you as controller...

Is there a ‘moral duty’ compelling a person to make a family provision for relatives?

Filed under: Equity & Trusts, Superannuation & Elder Law, Wills, Estate Planning, Succession Planning, Administration of Estates, Inheritance Disputes, Estates

Is there a ‘moral duty’ compelling a person to make a family provision for relatives under Australian law?

What’s the difference between an express trust and non-express trust?

Filed under: Equity & Trusts

There are generally two classifications of trusts: express and non-express. Although there may be two classifications of trusts, there is however three...

The Taxation of Trusts- Estate Planning Lawyers Sydney

Filed under: Equity & Trusts, Estate Planning

Whilst there are no inheritance taxes in New South Wales, capital gains tax and income tax are ever present. When dealing with family trusts, proper estate...

Bankruptcy and Sham Trusts

Filed under: Equity & Trusts, Estate Planning

Trusts continue to be a complex and evolving issue for bankruptcy trustees. They are forever finding assets, which the bankrupt claims is held in a trust...

Setting aside the bankruptcy trustee's notice of objection to discharge

Filed under: Estates, Equity & Trusts, Estate Planning, Succession Planning, Administration of Estates

In a recent case, a bankrupt had a history of not co-operating with the trustee’s investigations and had obstructed them to a substantial degree. Moreover,...

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