Trust Deeds in Practice: Key Principles, Clauses and Common Issues

Dive deep into trust deeds, exploring key principles, essential clauses, and common issues advisers face in practice.

In this session, we cover: 

• Establishing a Discretionary Trust

• Key Principles: Roles of Settlor, Appointor, and Trustee

• Benefits of Corporate Trustees vs. Individual Trustees

• Defining Beneficiaries (Specified vs. General)

• Distributing Trust Income and the Bamford Case

• Requirements for Effective Trust Resolutions

• Trustee Duties and "Real and Genuine Consideration"

• Streaming of Gains and Franked Dividends

• Vesting of Trust and Perpetuity Periods

• CGT Consequences and Traps in Vesting