Recorded Webinar: Passing Control of Family Trusts to the Next Generation in the Estate Plan: Avoiding WWIII

A big part of estate planning is trying to do it effectively and minimise family disputes. This session looks at how your estate plan can transfer control of the family trust cleanly and effectively, in order to minimise family disputes. It covers:

• Determining the components of trust control:
  • the trustee’s role
  • control of the corporate trustee
  • the appointor’s role
  • the guardian’s role
• Case law on control of trusts - Mercanti (WASC)
• Determining the objective of the transfer:
  • to one child/family group
  • to some children
  • to all children
• Techniques in effective control transfer to a single child/group - minimising risk of disputes with other family members
• Techniques in transfer to more than one child:
  • joint control - covering all bases
  • how to avoiding ganging up
  • dispute resolution procedures
• Rights of discretionary objects in disputes:
  • the right to be considered
  • the right to due administration of the trust
  • the right to information - recent cases
• How to exercise discretions to avoid review
• Recent cases on the rights of beneficiary