Family Trusts Holding the Trustees Accountable Scott Whitla - Senior Associate.

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Presentation transcript:

Family Trusts Holding the Trustees Accountable Scott Whitla - Senior Associate

2 Duties of Trustees Duty to act in good faith To consider To distribute to the correct objects To act personally To avoid dictation To avoid fettering discretion To act jointly and unanimously #

3 Remedies for breach of duty Applications to the court Seek directions Proper construction of the deed Accounting issues Compensation Tracing of assets Removal of the trustee

4 Safeguards and Dispute Resolution Majority decisions Directions from the court Independent trustees Passing control Safeguarding the plan

5 Contact Details Scott Whitla, Senior Associate Direct phone (07)