FAQs matching Equity & Trusts

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Are charitable trusts exempt from income tax?

Practice Areas: Equity & Trusts

Provided that the Div 50 of the Income Tax Assessment Act 1997 (Cth) conditions are met, charitable trusts will be exempt from income tax. In...

What is undue influence?

Practice Areas: Equity & Trusts

For the most part, undue influence may be more applicable to the impaired judgment of the weaker party as opposed to the conduct of the stronger party....

How does the court set aside a trust used to avoid a creditor?

Practice Areas: Equity & Trusts

Under the authority of the Bankruptcy Act (the Act), the courts can set aside a trust which has been created to avoid creditors if it is established that...

Do all trust instruments have to be evidenced in writing?

Practice Areas: Equity & Trusts

One of the main statutory requirements of the validity of a trust instrument beyond the three certainties of intention, subject matter, and object, is...

What are the basic elements of a discretionary trust?

Practice Areas: Equity & Trusts

Discretionary trusts usually refers to an express trust that has certain characteristics as noted in the introduction, but the observations in the matter...

Are trusts able to be assigned?

Practice Areas: Equity & Trusts, Succession Planning

Trusts which are proprietary in nature, the law for the most part, recognises the rights of a beneficiary to transfer or assign their interest. However,...

How are trusts assigned?

Practice Areas: Equity & Trusts

Trusts which are proprietary in nature, the law for the most part, recognises the rights of a beneficiary to transfer or assign their interest. However,...

How are trusts terminated by beneficiaries?

Practice Areas: Equity & Trusts

Beneficiaries who have full capacity may terminate a fixed trust – even if it defeats the intention of the settlor. Although, the principle may only...

Are resulting trusts dependent on a court order?

Practice Areas: Equity & Trusts

Due to the fact that a resulting trust arises at the moment of transaction, the general presumption that will be made is that all parties hold the intention...

Trusts and the rule against perpetuities: An explanation of the laws in Australia

Practice Areas: Equity & Trusts

Generally speaking, the rule against perpetuities prevents a property owner from using trusts to control the property for an extended period of time into...

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