How to Read a Discretionary Trust Deed

Описание: For a discretionary trust, the Trust Deed is the primary source of a trustee's powers when dealing with trust property and, importantly, in making decisions regarding income and capital of the trust.

Serious consequences can flow from a failure of a trustee to be familiar with the terms of the trust deed. In this interactive and practical session, take a deep dive into common issues in interpreting discretionary trust deeds.

In this session, we cover:
What is ‘income of the trust estate’ and why does it matter?
Does the trust deed have effective default distribution powers?
Does the trust deed have the power to stream franked dividends and capital gains to particular beneficiaries?
What variation powers and constraints may exist? Is there resettlement risk?
Who is the appointor? What are their powers? What happens when an appointor dies or loses capacity?
Does the trust deed have a guardian – what are their powers?
What happens on vesting of a discretionary trust?
Do foreign purchaser additional duties apply – what is required?