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Recorded Webinars

Recorded Webinar: Not Happy Jan: Challenging Discretionary Trust Decisions

As family trust control starts to move down the food chain from elderly and deceased parents to adult children, the quality of discretionary decision-making has come under increasing review and dissatisfaction, as evidenced by recent cases. This session will take an in-depth look

Date/Time

About the Webinar

As family trust control starts to move down the food chain from elderly and deceased parents to adult children, the quality of discretionary decision-making has come under increasing review and dissatisfaction, as evidenced by recent cases. This session will take an in-depth look at discretionary trustee decision-making and the role of the courts, including:

  • What must a trustee consider in exercising their discretion?
  • What are the grounds for challenging a decision?
  • Who can challenge the decision and what evidence do they need?
  • What access is available to information and documents concerning the decision?
  • What is the responsibility and accountability of professional advisers to the trustee?
  • What will the courts consider and what remedies are available?
  • Should discretionary decision-making be restricted by a trust deed? Tips for drafting limitations
  • Recent cases including Owies & Owies v JJE Nominees Pty Ltd [2022] VSCA 142; Cardaci v Filippo Primo Cardaci as executor of the estate of Marco Antonio Cardaci [2021] WASC 331; Baba v Sheehan [2021] NSWCA 58; Wareham v Marsella [2020] VSCA 92; Williams v Williams & Anor [2023] QSC 90; Mandie v Memart Nominees Pty Ltd [2020] VSCA 281; Trani v Trani [2018] VSC 274

Presented By

Edward Skilton
Principal Lawyer, Sladen Legal Melbourne, Vic

Edward is a Principal Lawyer in the business law team at Sladen Legal in Melbourne, with a particular focus on equity, trusts and succession.

The focus of his dispute practice is on protecting at risk beneficiaries and others negatively affected by the decisions of the incumbent controllers of estates and trusts. He represents plaintiffs and defendants in the County Court and Supreme Court in matters relating to trust advice, replacement of executors/trustees, validity of documents and transactions (including SMSF and trust distributions) and claims for further provision.

On the planning side, Edward prepares complex estate plans and is particularly interested in assisting the owners of private business groups transfer the business to the next generation, as distinct from a sale to third parties.

Where there are concerns about a person’s ability to make decisions about their own finances (including business and investment assets) and care, Edward advises and represents clients in relation to administration and guardianship applications in the Victorian Civil and Administrative Tribunal including applications for advice regarding proposed transactions, conflict transactions and compensation.

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]

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