News & Analysis as of

Discretionary Trust

Discretionary Trust Beneficiary Had No Standing to Challenge Adoption [Florida]

by Charles (Chuck) Rubin on

Since many estates and trusts define beneficiaries by description (e.g., “child” or “lineal descendant”) and it is a natural propensity for persons to gift or leave property to lineal descendants, the adoption of an...more

What Can Your Spouse Reach In A Divorce?

by Bryan Cave on

In the recent decision, Pfannenstiehl v. Pfannenstiehl, the Massachusetts Judicial Supreme Court overruled the appeals court decision and concluded that assets held in a discretionary trust created by a third party, where the...more

Do not break the trust after a trust is created - The law on concurrence examined

by Dentons on

Dentons Rodyk acted for Mdm Harianty Wibawa, the settlor of an offshore discretionary trust which has a value exceeding US$45 million (taking into account distributions of some US$10 million). One of the beneficiaries and the...more

IRS Tax Liens and Discretionary Trust Interests - Part 2

by Charles (Chuck) Rubin on

In April, I wrote how a U.S. District Court held that a beneficiary’s discretionary interest could be liened by the IRS for tax liabilities of the beneficiary. The interest was “halfway” between a purely discretionary...more

Guide To Doing Business in Australia: Major Forms Of Business Organisation (Update)

A foreign company or investor proposing to establish a business in Australia may choose from a number of different entities or forms of business organisation. Each of these forms has its advantages and disadvantages....more

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

by Akerman LLP on

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more

Continuing Writs Of Garnishment Against Discretionary Trusts–How Far Does It Go? [Florida]

by Charles (Chuck) Rubin on

In the recent 2nd DCA case of Berlinger v. Casselberry, the court allowed a continuing writ of garnishment against distributions to be made to a beneficiary of what appears to be a discretionary trust, for unpaid alimony...more

Litigation funders in Australia - tighter regulations on the horizon?

by DLA Piper on

To date, litigation funders in Australia have been subject only to "light touch" external regulation. However, there are increasing calls to see greater scrutiny applied to these funds. On issue which might prove a...more

The Limits of Discretion: Trust Distributions for Health, Education, Maintenance and Support

by BakerHostetler on

Trustees are often granted the power to distribute trust property “in the Trustee’s discretion” for a beneficiary’s “general well-being,” “best interests,” “comfort,” or, most commonly, “health, education, maintenance and...more

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