Recent decisions of the Victorian Supreme Court have confirmed that the consequences for trustees are potentially disastrous if trust documentation is mislaid and cannot be located.
This article aims to clarify some of the uncertainties and difficulties that arise on the appointor or guardian of a discretionary trust losing their decision-making capacity
The trustee of a discretionary trust may benefit those who fall under the definition of “beneficiaries” in the trust’s deed. Sometimes, the scope of that definition is unclear.
This article looks at the scope of the definition of the term “beneficiary” in a discretionary trust deed, and, in particular, examines the ambiguities that sometimes arise in relation to the terms “spouse” and “child” within that definition
