Trusts are private affairs, the trust assets don’t pass via the will, and even the control of the trust doesn’t pass by will (except as a backup...
Question: Can someone appointed under the power of attorney exercise the Appointors powers under a discretionary trust? Answer: Yes, depending on...
Legal Tip 226: Asset Protection Risks of Trusts with No Appointors Discretionary trusts usually have a position in the trust called that of...
There are several issues which can arise when a member of a trust loses their mental capacity. Trustees – a trustee must have mental capacity to...
I often see discretionary trust deeds which nominate the next appointor, upon the death of the current appointor, to be the Legal Personal...
Strategy: Backup Appointors of Trusts People that are appointors of family trusts usually give little thought to what can happen to the trust...
The Biggest Issue with Discretionary Trusts: Succession on Death In my view, the biggest issue with discretionary trust is succession. Trust...
Legal Tip: 4 Levels of Control with Discretionary Trusts Discretionary trusts have 3 or 4 levels of control: 1. The directors of the trustee...
Appointors, Bankruptcy and Asset Protection When a person becomes bankrupt all of this ‘property’ vests in the trustee in bankruptcy. Property...
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