Replacing the Appointor
There are important lessons to be learnt at two separate stages of the life of a discretionary trust deed.
At the drafting stage consider, w
Discretionary Trusts and the Power to Change
Introduction
In March 2017 the High Court dismissed the special leave application appealing the decision of the Court of Appeal of the Supreme Court of Western Australia in Mercanti v Mercanti. The case provides a warning to officeholders of discretionary trusts and their advisers on the requirement for precise provisions dealing with variations. This case, along with Oswal v FCT show the complexities and risks in undertaking trust instrument amendments. Background
The di
