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Recorded Webinars

Recorded Webinar: Fettering Trustee Discretion and When it Falls Foul of Trust Law

The recent decision of Owies has cast renewed focus on trustee’s obligations, in particular, the discharge of the trustee’s obligations to properly exercise their discretion. Central to this, is the duty trustees have to not fetter their discretion. The proper discharge of this du
PRESENTED BY Scott Whitla Partner - McCullough Robertson Lawyers , Brisbane

Date/Time

About the Webinar

The recent decision of Owies has cast renewed focus on trustee’s obligations, in particular, the discharge of the trustee’s obligations to properly exercise their discretion. Central to this, is the duty trustees have to not fetter their discretion. The proper discharge of this duty in today’s complex world is certainly easier said than done and there are many situations in which steps taken by trustees in commercial and family dealings could fall foul of trust law leaving the decision open to challenge by beneficiaries. This session shall focus on the duty of trustees to not fetter discretion, the exceptions to the rule and scenarios that may give rise to a breach. In particular, this session will examine:

  • The statutory exemptions that exist at state law and how they differ as between states
  • Delegations – when they are allowed under a trust deed or instrument and tips for drafting
  • Issues arising from the judicial intervention in the operation of a trust and the exercise of trustee’s discretion across a range of practice areas and their potential outcomes from the perspective of trust management
  • Practical case studies

Presented By

Scott Whitla
Partner, McCullough Robertson Lawyers Brisbane, QLD

As an accredited specialist in succession law, Scott specialises in all aspects of succession planning, estate administration and estate and trust litigation. He manages the firm’s Equity and Private Client team, having been made a Partner in 2009. His clients include high-net worth individuals, accountants, financial advisers and other legal firms and their clients.

Scott assists clients to find effective succession planning solutions which protect and preserve assets for the intended beneficiaries, while also minimising the taxation and stamp duty implications which might otherwise arise. He is a leading lawyer in the area of preparing, interpreting and contesting wills, administering deceased estates and applications to the Queensland Civil and Administrative Tribunal.

Scott also assists clients with estate administration and estate litigation. In addition to his substantial experience in these areas, Scott is also an expert on guardianship and administration issues, including matters involving questions of capacity, and the validity of transactions and decisions made under enduring powers of attorney.

Scott is a regular speaker for the Queensland Law Society, TEN The Education Network and the Taxation Institute of Australia. He is also a qualified mediator.

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 up to 1 CPD/Training hour. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

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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