Testamentary Trusts: Holding Trustees to Account in Discretionary Trusts

Trustees of testamentary trusts often have an unfettered discretion to exercise various powers under the trust deed, including making distributions and removing beneficiaries. However, these “unfettered” powers must still be exercised by the trustees in accordance with the trustees’ fiduciary duties and responsibilities, and are ultimately subject to supervision by the Court. In this program, Hayley Mitchell, from Grace Ward Lawyers in Brisbane, reviews: the duties and responsibilities of trustees in exercising their discretionary powers; and through the case law how the Courts have interpreted and applied those duties and responsibilities when reviewing trustee discretionary decisions.

30 minutes / 0.5 CPD units