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These are trusts, set up on death, where the beneficiaries are restricted to blood descendents of someone. Also note my link above that the Family Court can over ride any trust deed and make orders on third parites - Doesn't mean it will happen, but it could.

It is possible. Especially if the one family is the only or major beneficiaries. Less so if the trust has a number of beneficiaries - eg grandchildren from different brothers and sisters.

Also have a look at the family law act s79 outlines what the court can do in relation to altering property interests. See how broad it is worded http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html Orders on third parties can be made s 90AA...

Mark I know of no case on Testamentary trusts being unravelled in family law matters - or any other matters such as bankruptcy etc. It is probably unlikely that the would be attacked as the property of the trust cannot be property of the marriage - because it is usually built up by the...

i've just started a subject on asset protection at uni, so will let u know what I find out.

Hi Mark it could be true I am afraid. The family law court has wide powers to class trust property as being property of the marriage. This is especially so if one of the parties is able to control and benefit from the trust. The court can also make orders on third parties, such as trustees...

Yes, testamentary discretionary trust is the way to go. There are also significant tax benefits - children can receive income and be assessed at adult rates on income from a Testamentary trust = maybe $16,000 pa tax free. you should do this quickly as the grandparents will need to do it while...