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Recorded Webinars

Recorded Webinar: Trust Deed Tune-Up: Do You Have the Power to Vary (and When Should You Use it)?

Trusts offering a versatile mechanism for managing assets and providing for beneficiaries over time. Central to the adaptability of trusts is the power of variation embedded within these deeds, allowing trustees to modify terms and conditions as circumstances evolve. However, wiel

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About the Webinar

Trusts offering a versatile mechanism for managing assets and providing for beneficiaries over time. Central to the adaptability of trusts is the power of variation embedded within these deeds, allowing trustees to modify terms and conditions as circumstances evolve. However, wielding this power requires a deep understanding of legal principles, fiduciary responsibilities, and practical implications. This session explores the power of the court across the different jurisdictions to vary trusts, including:

  • The source of power to vary trusts in different states, focusing on what is required in each jurisdiction for a court to approve a variation
  • The factual circumstances which give rise to an application to the court to vary and how the sections can be employed to resolve various issues
  • Can a trust deed be amended after the vesting date?
  • Lessons from recent cases, including Application of Nyasa No.19 Pty Ltd [2023] NSWSC 578

Presented By

Edward Skilton
Principal Lawyer, Sladen Legal Melbourne, Vic

Edward is a Principal Lawyer in the business law team at Sladen Legal in Melbourne, with a particular focus on equity, trusts and succession.

The focus of his dispute practice is on protecting at risk beneficiaries and others negatively affected by the decisions of the incumbent controllers of estates and trusts. He represents plaintiffs and defendants in the County Court and Supreme Court in matters relating to trust advice, replacement of executors/trustees, validity of documents and transactions (including SMSF and trust distributions) and claims for further provision.

On the planning side, Edward prepares complex estate plans and is particularly interested in assisting the owners of private business groups transfer the business to the next generation, as distinct from a sale to third parties.

Where there are concerns about a person’s ability to make decisions about their own finances (including business and investment assets) and care, Edward advises and represents clients in relation to administration and guardianship applications in the Victorian Civil and Administrative Tribunal including applications for advice regarding proposed transactions, conflict transactions and compensation.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

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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