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Recorded Webinars

Recorded Webinar: How Wide is Too Wide? The Role of The Trustee of a Discretionary Trust

Even a trustee given a wide discretion must give due consideration to potential beneficiaries of discretionary trust. But how far does this obligation extend? With Owie v JJE Nominees Pty Ltd sounding a warning bell on the proper exercise of trustee discretion, it has never been m

Date/Time

About the Webinar

Even a trustee given a wide discretion must give due consideration to potential beneficiaries of discretionary trust. But how far does this obligation extend? With Owie v JJE Nominees Pty Ltd sounding a warning bell on the proper exercise of trustee discretion, it has never been more important for succession lawyers to understand the breadth and scope of the discretion. This session examines:

  • Breadth of class of beneficiaries
  • Identifying initial and subsequent core beneficiaries
  • Obligation to enquire as to the circumstances of core beneficiaries before exercising discretions
  • How will a trustee of a deed or testamentary trust have fiduciary duties shaped by the purpose of the trust instrument?
  • Fiduciary obligations of a trustee of a discretionary deed or testamentary trust
  • Factors a trustee must have with regard to the exercise of their power
  • Scope of discretion to distribute income
  • The relevance of any preamble included in the terms of a trust
  • Removal of trustee and appointment of an independent trustee

Presented By

Allan Swan
Director, Estate Planning Equation Melbourne, Vic

Allan Swan works with private clients and their accountants, financial advisors and legal practitioners relating to the legal aspects of the following areas of Preventative Law:

  • Asset Protection
  • Deceased Estate Taxation
  • Dispute Prevention
  • Estate Planning
  • Preventative Law Strategy
  • Special Disability & Protective Trusts
  • Structuring
  • Superannuation
  • Tax Considerations
  • Testamentary & Family Trusts

Allan also provides practitioner training and speaking services in the above areas and is an adjunct lecturer in the College of Law’s applied law master’s program. He is also an instructor for the Leo Cussen Centre for Law, the Law Institute of Victoria and other professional bodies. Allan is accredited as a STEP Trust and Estate Practitioner.

Allan holds degrees in Law and Economics and a Graduate Diploma in Financial Services.

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 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.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

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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