If you're preparing your estate or succession plan, particularly involving family trusts, it’s important to understand a key truth: the assets of a trust are not yours to gift in your Will.
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Any document which is a Will, or forms part of a Will, is a testamentary document.
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It is commonly accepted that the trustee of a family discretionary trust who complies with the deed can distribute income and capital amongst the beneficiaries as it thinks fit. However, that may not always be the case, as in one family where two brothers ganged up on their sister.
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How can you pay $1 million for a farm and find out later that you do not own it?
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