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  1. Terry_w

    Family Trust Structure

    Don't forget s302B Bankruptcy Act Certain provisions in trust deeds void http://www.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s302b.html
  2. Terry_w

    Family Trust Structure

    sections of the Family Law act allow the courts to make orders against 3rd parties such as trustees. If the property of the trust is built up during the marrige by the efforts of one or both then it can be considered 'property of the marriage'. Itcan also be consideredd a financial resource of...
  3. Terry_w

    Family Trust Structure

    Asset protection in bankruptcy. An interest in a discretionary trust is generally not something that falls into the hands of creditors. A tenant suing a trustee would mean all assets of that trust at risk.
  4. Terry_w

    Family Trust Structure

    John A, Trusts provide little protection in divorce. In bankruptcy, generally trust assets are not available to creditors. It can be difficult to pass down a trust to multiple people because if the trustee position is controlled by a beneficiary then they can benefit themselves. e.g if you...
  5. Terry_w

    Family Trust Structure

    That is a decision you have to make. Weigh up the costs and consider what could possible go wrong - what are you wanting to protect against?
  6. Terry_w

    Family Trust Structure

    John I agree with Aaron. I should add you should read the deed carefully and make sure that a) it is possible to own and mortgage a property b) it suits the purpose c) it is possible to change trustee and how etc Consider also the succession of the trust upon the death of the...
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