Trusts are most commonly established by a deed. Those deeds contain the terms or rules that control how the trust can be used, and the rights and duties the various parties to the trust have or owe. In our experience, trust deeds are regularly misplaced and lost.
case law
Court case found BDBN held to be invalid
In this case a binding death benefit nomination was held to be invalid because it had not been given to the trustee, that is, not given to all the trustees of the fund. The court found that only one trustee had been given the nomination.
May be impossible to make a watertight will in NSW
A son sues his mother for part of his father’s estate even though there’s no money in the estate. Why?
Brace yourselves: A claim against your Will is coming
It seems that along with dragons and Westeros, the idea that a person has substantial discretion in how to gift their estate on their death is a myth.
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