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Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any person who holds property, authority, or a position of trust or responsibility to transfer the title of ownership to the person named as the new owner, in a trust instrument, called a beneficiary. A trustee can also refer to a person who is allowed to do certain tasks but not able to gain income, although that is untrue. Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government.
A trust can be set up either to benefit particular persons, or for any charitable purposes (but not generally for non-charitable purposes): typical examples are a will trust for the testator's children and family, a pension trust (to confer benefits on employees and their families) and a charitable trust. In all cases, the trustee may be a person or company, whether or not they are a prospective beneficiary, although a property held in Trust as an asset by a trustee is always for a beneficiary.
My mum recently passed away and the executor of the will has chosen to hand it over to state trustees, the will states that the trustee shall not so far as they are legally able to affect a sale on the property without the consent of the children, and that it is to be made available for thr...
My wife and i have been trustees of our superfund since 2013. The fund is not complex and assets are spread across a cash account, term deposit, Aust stocks and US stocks.
My wife passed away in May 2020 and my son was then installed as the second trustee. My wife's assets were transferred to...
Hey there everyone, I have been trowling through the ATO site to find this answer... I can't get through to them so I thought I would try here....
I am one of 6 siblings. Both parents have passed (within a couple of weeks of each other) and the estate administration is in a shambles. For some...
If you are a trustee for a minor's bank account, is that bank account an estate or non-estate asset? It seems obvious that its a non-estate asset as the child is the nominated beneficiary. But I can't seem to find what happens if the trustee dies? Could their be another trustee outlined in the...
Hi,
I recently discovered an old superannuation account that was started in 2003. No contributions were ever made, apart from the initial rollover amount.
All money has been eaten up over the years by insurance premiums and fees.
I believe the trustee should have reported my account to the...
I am looking to establish a corporate trustee trust structure ( Corporate trustee -> Trust -> Holding Co -> Operating co) for a startup, where the corporate trustee holds 100% of the shares in the holding company on trust for the beneficiaries. My confusion has come around how to make the shares...
I have questions about an Easement Dispute which I brought before SAT, DC, SCWA, COA and finally the HCA. The issue is: There is no exclusivity principle as decided by the judges because the lawyer preparing the conveyance should have documented it in the title deeds or by a separate covenant...
My eldest sister passed away and stated in her will:
“I appoint J be my executor and trustee.
lf J is unwilling or unable to act as my executor
and trustee I appoint S as my executor and trustee”
J agreed to be executor and trustee. J finalised the will and created 2 testamentary trusts for...