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Birketts LLP | United Kingdom | 7 May 2021

What rights does a beneficiary of a Discretionary Trust actually have?

Although, to some, this can appear an unattractive and absurd model, settlors seeking to prepare for the unknown future needs of their beneficiaries…

Logie-Smith Lanyon Lawyers | Australia | 12 Mar 2020

Trustee purchasers of residential property beware - you may be liable for foreign purchaser additional duty

From 1 March 2020, the Victorian State Revenue Office (SRO) will no longer apply the practical approach in respect of discretionary trusts for the…

Corrs Chambers Westgarth | Australia | 8 Apr 2019

‘We’ll cut you some slack’: Recent FWC decisions demonstrate a willingness to overlook minor errors in agreement-making

A number of recent decisions demonstrate the kind of errors in the agreement-making process thatthe Fair Work Commission (FWC) is willing to overlook…

Torkin Manes LLP | Canada, USA | 28 Mar 2019

Discretionary trusts prove problematic when it comes to dividing assets

Many Canadian families with a moderate degree of wealth create a family trust. A common type of trust names a parent or an adult child as a trustee…

Barry.Nilsson. Lawyers | Australia | 12 Mar 2019

Duty of care not breached and the wrist is history

The ACT Supreme Court has found that a Plaintiff’s injury during an “aerial sling” exercise class was not the result of negligence by employees of…

Blaney McMurtry LLP | Canada, USA | 8 Mar 2019

Family trusts: Weighing the true value of a discretionary interest

The starting point is whether a beneficiary spouse’s interest in a discretionary family trust constitutes “property” pursuant to the Act’s provisions…

Borden Ladner Gervais LLP | Canada | 28 Jan 2019

Supreme Court of Canada confirms that "Henson" trusts are a valuable tool for families with dependent disabled children or relatives

​Many Canadian families leave inheritances for their disabled children or relatives in a "Henson" or "absolute discretionary" trust. The main feature…

Kingsley Napley | United Kingdom | 15 Jan 2019

Top 10 Contentious Trust and Probate Cases of 2018

2018 has seen many interesting decisions in the field of contentious trust and probate litigation. I summarise what I see as some of the key cases…

Gowling WLG | Canada | 18 Dec 2018

Ain’t That a Shame - That Ain’t a Sham

Owen J of the Tax Court of Canada ("TCC") visited the sham doctrine twice this Fall, first in Cameco Corporation v. The Queen[1] and then…

Blaney McMurtry LLP | Canada | 17 Dec 2018

Privileged yet powerless beneficiary spouse of a family trust

This article was originally published by The Lawyer's Daily (, part of LexisNexis Canada Inc. Picture this: your client is one…
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