Close
My Cart (0 items)

Login to TEN

Privacy Policy
Return
My Cart (0 items)
99655
Recorded Webinars

Recorded Webinar: Discretionary No More? The Future of Discretionary Family Trusts Post-Owie

The recent decision of Owie has thrown the future of discretionary family trusts into doubt by challenging the idea that trustees of discretionary family trusts have absolute discretion to distribute income for the benefit of one or more of the beneficiaries of the trust in prefer

Date/Time

About the Webinar

The recent decision of Owie has thrown the future of discretionary family trusts into doubt by challenging the idea that trustees of discretionary family trusts have absolute discretion to distribute income for the benefit of one or more of the beneficiaries of the trust in preference to others. Lawyers must now grapple with the potential ramifications of this decision and what it means for their clients. To help understand these issues and their potential ramifications in more depth, this session will examine:

  • What does ‘real and genuine consideration’ mean when trustees are exercising their discretion?  How far does this extend?
  • The facts in Owie, what led to the decision and its outcome
  • What does Owie mean for the future of discretionary family trusts in Australia
  • When will the court remove a trustee?
  • Best practice tips in relation to what advice should be provided to clients following this decision when acting for both trustees and beneficiaries
  • What steps should lawyers be advising their clients to now take to evidence the rationale behind trust distributions in the event of a future challenge

Presented By

Jeremy Smith
Barrister, Greens List Barrister Melbourne, Vic

Jeremy’s practice as counsel is predominantly concerned with Supreme Court proceedings involving real property (resulting and constructive trust claims), deceased estates (including family provision, testamentary capacity, informal and statutory wills, removals of executors and the like), equity (unconscionable conduct, undue influence, breaches of fiducuary duties) and trusts.

In recent years, Jeremy has developed an extensive practice as a mediator. That practice embraces a wide range of disputes including those described in the previous paragraph as well as general commercial matters.

Who Should Attend?

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim 1 CPD hour. Lawyers can claim 1 CPD unit/point – substantive law

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

Go to top