Navigating Discretionary Family Trusts and Family Law Settlements – Leo Cussen Centre for Law

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Navigating Discretionary Family Trusts and Family Law Settlements

Navigating Discretionary Family Trusts and Family Law Settlements

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When trust assets form part of the matrimonial property pool, negotiating your client’s property settlement can become more difficult and complex than first envisaged. Trust deeds can be difficult to interpret, complex to untangle and involve multiple parties not privy to the family law proceedings.  

 This seminar will discuss how to navigate and negotiate family trust disputes including: 

  • How does the Court deal with Discretionary Trusts? 
  • When does a trust form part of a property pool - Trustee’s discretion, obligations, and limitations.  
  • Evidentiary and procedural hurdles. 
  • Challenging a trustee’s discretion. 
  • Family trusts and the rights of discretionary beneficiaries. 
  • Tips and traps on drafting settlement terms and structuring negotiations. 
  • Case update.