Trusts

At KCL Law, we recognise that the trusts is a growth area both in terms of creating multi-generational wealth and asset protection, but also litigation by both beneficiaries (enforcing rights) and/or trustees seeking judicial advice or disputes between co-trustees.

Our Estate Group specialise in the area of trust law both from an estate planning point of view (establishing the trust either inter vivos or upon death or dealing with the succession of the trust) and also from the administration and litigation point of view (advising as to trustee duties, benchmarking performance of the trust, seeking orders from the Supreme Court of Victoria to vary the terms or purpose of a charitable trust).

Our Estate Group has experience in assisting clients with resolving issues (often construction and interpretation issues) arising from poor drafting of the trust deed itself (i.e. a cy-pres application or where the trust deed has no gift over of a charitable entity where that entity ceases to exist or amalgamates or mergers with another entity or no appropriate gift over upon the death of a life tenant resulting in a full or partial intestacy).

Our Estate Group can provide advice in relation to:

  • Establishment of:
    • discretionary trusts;
    • unit trusts;
    • hybrid trust;
    • special disability trusts; and
    • charitable trusts.
  • Changes of trustee
  • Trust variations including streaming
  • Trust advice
  • Trust disputes – beneficiaries and trustees
  • Transfers of property from trusts
  • Trust vesting
  • Supreme Court proceedings for judicial advice on administration of a charitable trust

Our team

Our Estate Group is led by Sam Frey, Principal Lawyer, and Jennifer Maher, Principal Lawyer and Accredited Wills and Estates Specialist, and is further complemented by Paul Beasant, Special Counsel, Hayley Hunter, Senior Associate, Ainsleigh Lugger,  Associate and Nicole Fedyszyn, Lawyer.

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