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Yes. This is what happened, recently, to Dr Spry who was a senior barrister and trust expert. He set up a trust before his marriage and later even amended the trust to exclude himself as a beneficiary. Do a google on Spry, it is a very interesting case. Later on he withdraw about $4mil in...

Thanks for the update. However, Since the case of Spry v kennon trust assets owned/controlled before the marriage entered into may not me safe from spouses in family law break downs. This could include those of testamentary trusts. It will depend on how the trust is set up and the...

Please report back what they say I have also just received an email notice of some interesting books which may be of interest Death & Taxes: Tax Effective Estate Planning 2009 http://www.thomsonreuters.com.au/catalogue/productdetails.asp?id=9447 Drafting Trusts and Will Trusts in...

If the proper testamentary discretionary trust is set up even grand kids should be covered - even if they arrive 40 years after your death. have a look at www.taxlawyer.com.au

Hi again I don't know much about this area, but wish to learn a bit more too. Any trust set up after death is actually a testamentary trust - so it could be a bear trust, unit or discretionary I beleive. As it is described above the trust is just a bear trust which means there is only 1...

Hi Jingo The will as you described would probably be a bare trust. ie the assets are your daughters but held in the name of someone else until she reaches a certain age. It might work out better if you could set up a discretionary trust in the will so that the assets will pass to a trust...