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Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

by Guthrie Colananni Attorneys | Jun 27, 2022 | Family Law, Trusts

“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and...
What Must You Prove to Remove a Trustee?

What Must You Prove to Remove a Trustee?

by Guthrie Colananni Attorneys | Dec 11, 2020 | Trusts

“…where there is disharmony, the essential test is whether it imperils the Trust estate or its proper administration” (extract from judgment below) Trustees are of course supposed to work together to protect and further the interests of their trust and its...
Trustees at War: The Removal Remedy and Its Limits

Trustees at War: The Removal Remedy and Its Limits

by Guthrie Colananni Attorneys | Dec 1, 2020 | Trusts

“Animosity and difference of opinion are not sufficient to have a trustee removed from office and/or for the majority of trustees to unilaterally force another to vacate his/her office…” (Extract from judgment below) When family infighting impacts a family trust, an...
Suing an Insolvent Debtor – Can You Recover from his Trust?

Suing an Insolvent Debtor – Can You Recover from his Trust?

by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Trusts

Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy family trust with lots of assets that you think are really his – can you recover from his trust? The answer is...
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