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Should trust succession be part of my Will?

Should trust succession be part of my Will?

by Nicholas Walsh | 6 - 288, 6 - Build and protect your wealth (including trusts), 8 - 264, 8 - Pass on your wealth (including EP)

Discretionary or family trusts are often used by Australian family business owners seeking to separate business risk from their personal wealth.  When the controller of the trust dies, the assets in the trust are not dealt with as part of their Will.  What happens to...
Trust Issues | Why does the Governing Law of a Trust Matter?

Trust Issues | Why does the Governing Law of a Trust Matter?

by Ico Ho | 6 - 288, 6 - Build and protect your wealth (including trusts)

The governing law of a trust determines which State or Territory laws apply to the trust and which courts have the jurisdiction to hear a dispute.  Therefore, a trustee must know which laws govern the trust to perform their role properly. The governing law of a trust...
​​Why jurisdiction matters when it comes to trusts​

​​Why jurisdiction matters when it comes to trusts​

by Ico Ho | 6 - 287, 6 - 288, 6 - 289, 6 - 290, 6 - 291, 6 - 320, 6 - 369, 6 - Build and protect your wealth (including trusts)

​​Trusts may be ubiquitous in the Australian business landscape, but they are not simple structures to administer. If you have a trust, or are establishing a trust, one aspect you need to consider is the ‘governing law’ or the jurisdiction of the trust. Let us tell you why…​

Solution Brief: Unit trusts

Solution Brief: Unit trusts

by Ico Ho | 6 - 288, 6 - Build and protect your wealth (including trusts), Solution Brief

A ‘unit trust’ is a commonly used structure for ‘pooling money’ and holding investment assets, particularly property. They are sometimes used for carrying on a small business, but this is less common. What is a unit trust? A ‘trust’ is a legal relationship between at...
Solution Brief: Leveraged Trusts

Solution Brief: Leveraged Trusts

by Ico Ho | 6 - 288, 6 - Build and protect your wealth (including trusts), Solution Brief

A hybrid trust is a structure for holding investments when you want to access enhanced “asset protection” and “negative gearing”. A hybrid trust is an alternative to both a standard “discretionary” or “family” trust, which generally do not allow negative gearing in...
Solution Brief: Discretionary Trusts

Solution Brief: Discretionary Trusts

by Ico Ho | 6 - 288, 6 - Build and protect your wealth (including trusts), Solution Brief

When used appropriately, a Discretionary Trust offers a number of potential advantages, including: “Asset protection”, meaning that assets held within a Discretionary Trust have a degree of protection from unwarranted claims made against persons associated with the...
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