Trusts: Anticipating and Rectifying Common Problems

Course Info


CPD Points 1

  • C4: Substantive Law (1)

Courses by this Author

Ethical standards of conduct represent an important professional obligation which we each have as lawyers. The session will focus upon the duties owed by family lawyers to the Court and the relevant Professional Conduct Rules. It will address some ethical dilemmas, in fact scenarios, making reference to case law along the way.

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Trusts: Anticipating and Rectifying Common Problems

The Law Society of Western Australia is the professional association for Western Australian barristers and solicitors


Course Summary

Course Details

Whilst trusts are commonly used for a wide variety of purposes, there are a surprising number of them with serious problems.  The impact of this on clients can be catastrophic.  This session will provide practical guidance and examine: 

  • What are the basic requirements to ensure that you have a valid trust structure? 
  • Can the same person be Trustee, Appointor, Guardian and a beneficiary?
  • Some common misconceptions of what you can and can’t do in establishing a trust.
  • Rectifying initial problems.
  • Options if a trust deed cannot be found.
  • The use of a company as Appointor or Guardian
  • Guidance on trusts that have exceeded their vesting date.
  • Trusts coming to the end of the 80 year perpetuity period.
  • Useful cases. 

The session will provide insights from experienced legal and accounting practitioners.