Tuesday, April 29, 2025

Converting water into wine (or family trusts into fixed trusts) is way cool**

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Previous View posts have considered various aspects of fixed trusts. For a myriad of structuring issues, one issue that appears to be raised...
Tuesday, April 22, 2025

Another (one bites the dust**) & permutation on reading the deed - regulating family trust assets via wills

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The View post last week considered aspects of the probation on a trustee fettering its discretion. One related issue that we see arise from ...
Tuesday, April 15, 2025

When a fettering of trustee discretion is obscured by a 90-Mile water wall**

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A recent View post mentioned the principle in relation to the probation on a trustee fettering its discretion. Arguably the leading case ex...
Tuesday, April 8, 2025

Thinking you will let the tax tail wag the dog; plan to play a slow hand**

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Last week's post explored the case of Wheatley v Lakshmanan [2022] NSWSC 583, with a focus on the (possible) exception to the rule that...
Tuesday, April 1, 2025

Don't give up** (& no it ain’t an April Fool’s post) on receiving an asset under a will - even if it is not owned by the willmaker

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Previous View posts have explored cases that support an, arguably unusual (indeed arguably bordering on a joke, or at least April Fool’s Da...
Tuesday, March 25, 2025

(I will follow**) the leading case about fettering of a trustee’s discretion

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Previous View posts have considered the issues of a trustee fettering its discretion in the context of an insurance funded buy sell arrangem...
Tuesday, March 18, 2025

Seven dwarves, pizzas for the homeless and pre-chopped broccoli florets** – taking the detail to a whole new level

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Following last week’s post, where I mentioned that, particularly in New South Wales, it is often the case that trustees are expressly prohib...