5 Ways Your Trust Distributions Could Be Invalid

Beware of the top 5 ways your client could be making a fatal mistake when drafting their trust distributions, from a trusts and estates point of view.

In this session, we cover:

• Back to basics first

  • 3 certainties for a trust in the trust deed

  • 4 essential elements of a trust

• #1 – Distributing to non-beneficiaries

  • Re Estate of Stagliano [2025] VSC 39

• #2 – Not giving real and genuine consideration

  • Re Owies v JJE Nominees P/L [2022] VSCA 142

• #3 – Failing to make inquiries

• #4 – Who is your client?

• #5 – Did you word and date the resolution right?

• What are the consequences of an invalid distribution?

  • Managing invalid distributions

  • Is it void?

  • Is it voidable?

  • Do default provisions apply?

Date recorded: 14 May 2025