Page 4 - FWP Wealth Adviser Newsletter - May 2025

ISSUE 111
MAY 2025

• No Structure Is Foolproof: Even the best-drafted trust References
can be vulnerable if the court finds evidence of control or Provided Articles
benefit. 1. Firstlinks. (2024). Family trusts and relationship breakdowns.
• Plan Proactively and Transparently: Regularly review 2. Movement Legal. (2023). What happens with family trust at
trust structures, document decisions, and communicate divorce?.
openly with all stakeholders. 3. Osborn Law. (2023). Protecting trust assets in a relationship
• Seek Professional and Ethical Advice: Work with ad- breakdown: Things just got more complicated.
visers who understand both the technical and human
dimensions of wealth management. External References
• Build Resilience: Prepare for both good times and bad by 4. Australian Bureau of Statistics. (2022). Marriages and Divorces,
fostering adaptability, fairness, and open communica- Australia.
tion. 5. Australian Bureau of Statistics. (2023). Trusts in Australia.
As Osborn Law concludes: 6. Family Law Act 1975 (Cth). Federal Register of Legislation.
“Ongoing review and adaptation of trust structures is 7. Kennon v Spry (2008) 238 CLR 366. High Court of Australia
essential in a changing legal landscape” (Osborn Law, 2023). decision.
And as Firstlinks reminds us: 8. Harris & Dewell[2018] FamCAFC 94. Family Court of Australia
“Resilience in wealth management means planning for decision.
both prosperity and crisis” (Firstlinks, 2024). 9. Evans, M. (2021). “Asset Protection and Family Law: The Limits
By embracing these principles, Australian families can of Trust Structures.” UNSW Law Journal, 44(2), 301-321.
better safeguard their wealth-while ensuring that their 10. Nussbaum, M. (2011). Creating Capabilities: The Human
legacy is both secure and just. Development Approach. Harvard University Press.

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