Bryan Mitchell TEP FTI is the managing director of Mitchells Solicitors. He is an Accredited Specialist in Succession Law. Bryan & his firm are recognised in Doyle’s Guide as leaders in Estate Planning and Estate Litigation in Australia. His practice works almost exclusively in the areas of Wills, Estates, Trusts & Elder Law. Bryan is a regular presenter. He is the recipient of the Society of Trust & Estates (“STEP”) Australia Masters Award 2023; immediate past Chair of STEP Australia; former Chair of STEP Queensland; Deputy Chair for the Queensland Law Society (“QLS”) Succession Law Policy Committee; Deputy Chair of the QLS Succession Law Specialist Accreditation Advisory Committee and member of University of Queensland Law School Advisory Board.
About the Podcast
The most important role in a trust arrangement is that of the appointor. The choice of an appointor is the first significant decision that needs to be made, with other considerations following. This session will examine why practitioners and their clients need to give serious consideration to the selection and powers of an appointor and the consequences of getting things wrong, including:
- Does a trust need to have an appointor?
- What qualities does the appointor need to possess?
- What powers does an appointor need to properly discharge their duties?
- What happens if the appointor dies or becomes incapable of acting? How should the role pass?
- What mechanisms need to be in the trust deed to change the appointor or trustee?
- When should an appointor remove a trustee?
- Can an appointor be personally liable?
- Drafting tips for trust deed appointments and variations
- Recent cases including Cardaci v Filippo Primo Cardaci as executor of the estate of Marco Antonio Cardaci  WASC 331; Re Owies Family Trust  VSC 716; Edwards Anor v Brougham  SASC 8
Bryan MitchellPrincipal, Mitchells Solicitors Brisbane, QLD
0.5 CPD units