Discretionary Trusts

RMB Lawyers is able to advise you in relation to your property settlement proceedings if you or your spouse has an interest in a Trust.

There is a vast array of Case Law in relation to discretionary trusts, including but not limited to:-

  • Interests of discretionary beneficiaries of a Trust.
  • The determination as to whether the Trust is the property of a party to a marriage or whether that party holds an interest in or entitlement to the trust property or to benefits from the trust that would amount to that interest or entitlement being deemed as a financial resource.
  • Orders directed to the assets of a Trust to give effect to a property settlement order under Section 79 of the Family Law Act.
  • Our Family Law Team will be able to advise you in relation to discretionary trusts and your property settlement, after a review of your particular matter and relevant Trust Deed documents as each matter is dealt with on a case by case basis.

Please contact the RMB Family Law Division if you would like to discuss discretionary trusts in relation to your Family Law matter.