trustee

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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.

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    WA Discretionary trust - trustee dies

    What happens where the trustee dies and the trust document is missing? There is a reasonable amount of funds in the trust bank account and I was a beneficiary of the trust. The trust account does not appear to be listed at probate as I have been told it does not form part of the estate. The...
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    VIC Will Trustee and Executor

    Hello, I am the trustee and executor of my recently departed father. We have a small property (Demountable Home in a Home Park) to dispose of. I have an estate bank account for the will purpose. Upon sale (In the state of Victoria under $107,000.00 - no probate required) does the proceeds...
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    WA Corporate Trustee Shareholder Power?

    My father recently passed away and had a fairly well setup SMSF / Trust / Trustee structure established and also had a new partner in a de facto relationship that's 9 years old. No conversations regarding his Will were ever had. Basically, the will is what it is, but I’m a bit lost as to the...
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    QLD Removing the Public Trustee as Executor

    My father in law recently made a Will, using the public trustee's free service, however they listed themselves as the executor. He has now decided that he does not wish for the public trustee to act as executor, and would like my partner to take this role. A new Will has been drafted (without...
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    VIC Death Benefit Paid to Beneficiary Who Died 3 Weeks Later?

    My parents have passed away recently within 20 days of each other. My mother was a member of a APRA retail superannuation fund in pension phase with no insurance attached (over 70yrs). The death benefit was the accumulated balance in the fund. My father was her dependent beneficiary at her...
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    QLD Buying a Family Member a Car While Bankrupt?

    Hi, I am currently bankrupt, and need help. I’m making all the necessary monthly contributions to the trustee and doing everything above board. Question is, my elderly mother needs a car and I do have enough money in my normal savings account to buy her one. Can I do this or will the trustee try...
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    NSW Can Family Still Buy Assets During My Bankruptcy?

    Hi , I am going to be declaring bankruptcy. I had my business and debt incurred 2-3 years ago and I can't make the payments anymore and will declare bankruptcy. My question is, if any of my family members buy a property during my bankruptcy, would that be questionable by my creditors or...
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    VIC Intestate and estranged children

    My Mum left a will stating that I am executor and trustee. However she had only listed her small estate (under $180,000) without mentioning beneficiaries so the will is now invalid. She has 4 children from 3 past relationships. She’s not married. 2 children have changed their last name to their...
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    VIC What Documentation is Required for the Removal of a Caveat?

    Titles office requests removal with a statement and evidence why it should be removed. The property is in my personal name and was purchased with funds borrowed by me in my sole name from my children's testamentary trust fund originating from my late parents. The trustee for the children's...
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    NSW Joint Tenants - Trustee and Guardian Want to Sell the Home?

    Hi, My mum and I are joint tenants and owners of a property which we were both living in until she went into a nursing home 2 years ago. Her financial affairs have been taken over by the trustee and guardian (without my knowledge) and the T&G now wants to sell the house. I need help on...