Are the lights changing for discretionary trusts?

Glover, J 2010, 'Are the lights changing for discretionary trusts?', Law Institute Journal, vol. 84, no. 1/2, pp. 34-37.

Document type: Journal Article
Collection: Journal Articles

Title Are the lights changing for discretionary trusts?
Author(s) Glover, J
Year 2010
Journal name Law Institute Journal
Volume number 84
Issue number 1/2
Start page 34
End page 37
Total pages 4
Publisher Law Institute of Victoria
Abstract An individual's 'control' of a discretionary trust may become 'property' for the purposes of s79 of the Family Law Act 1975 (FLA). As confirmed by Kennon v Spry,1 persons who control trusts and can benefit themselves or their spouses from trust assets may be ordered to transfer such (other) property as the Family Court determines. Discretionary trusts used in other contexts are not directly affected by Kennon v Spry. However, the decision is likely to have a significant 'gravitational' effect.
Subject Equity and Trusts Law
Keyword(s) discretionary
ISSN 0023-9267
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Created: Wed, 09 Nov 2011, 14:31:00 EST by Catalyst Administrator
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