top of page
.png)
RECENT ARTICLES
All Posts
Automatic disqualification clauses in trust deeds – do they still work?
Most ‘modern’ trust deeds include automatic disqualification clauses, which remove a trustee or appointor upon certain events happening to that person. The most common disqualification events are: bankruptcy of an individual trustee or appointor, insolvency of a corporate trustee or appointor, death, total and permanent disability or mental incapacity of an…
2 min read
Do you have all your trust documents?
Our most common saying in relation to trusts is ‘read the deed’. Over the years, we’ve seen far too many situations where bad outcomes have arisen because nobody stopped to read the deed and ensure they understood how it operated in a particular situation. This can occur in a whole range of…
2 min read
Who wins from estate litigation?
A NSW estate litigation case decided earlier this month starkly illustrates the problems with the way in which estate disputes are handled in Australia. The matter involved a mother and her estranged son. The mother’s estate was worth around $1 million and was left entirely to her older son, with whom…
3 min read
The Rinehart saga continues – what constitutes ‘documents of the trust’?
While the Gina Rinehart family saga seems to have largely disappeared from the headlines over the last few years, a recent judgement has shown that the dispute is lingering on and also provides some interesting guidance in relation to requirements to disclose trust documents. As some readers would be aware, there…
2 min read
If you are the one
A recent Queensland Supreme Court case reminded me of the importance of ensuring clients only ever sign one copy of their final will and are warned against signing duplicates or file copies. The case, which was heard in October 2018, involved an individual who had signed three identical copies of the…
2 min read
bottom of page