Can a Trust Deed Defeat a Trustee in Bankruptcy?
Can a Trust Deed Defeat a Trustee in Bankruptcy? Sometimes, sometimes not. Often it is the legislation itself which either commands recovery or prevents access. This is a complex area, so…
When Does A Superannuation Fund Commence?
When Does A Superannuation Fund Commence? There are three elements necessary for the conclusion of any express trust in Australia (known colloquially as the “three certainties”): There must be certainty of…
Can a Company be Co-Trustee With an Individual?
Can a Company be Co-Trustee With an Individual?Prior to the August 1999 amendments to the SIS Act (which repealed the old concept of an u201cexcludedu201d fund and introduced the term…
Can a Trustee Be Changed Other Than By Deed?
Can a Trustee Be Changed Other Than By Deed?Until the last few decades, the law has generally considered that “what was done by deed can only be undone by deed”.…
Can a Trustee Who is a Builder Build a House on SMSF Land?
Can a Trustee Who is a Builder Build a House on SMSF Land?In the normal course of events, a trustee cannot charge the SMSF for their time performing their duties…
What Happens When A Trustee Dies/Becomes Legally Disabled
What Happens When A Trustee Dies/Becomes Legally Disabled Take the usual SMSF situation where we have a two person fund with two individual trustees. The law states that where a…