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You cannot control the trustee The power to control (or remove) the trustee is set out in the trust deed and is usually exercised by persons acting as the appointor and/or guardian of the trust. In some cases, the consent of the primary beneficiaries of the trust is required for some of the decisions of the trustee.
The fiduciary duties of trustees refer to the duties owed when managing a trust by a trustee to the beneficiary. Like other fiduciary relationships, trustees have fiduciary duties of care, loyalty, and good faith. As a result, the trustee must manage the trust in a reasonable manner and avoid self-dealing.
You can name your own testamentary trust as your beneficiary by including it on the beneficiary form in the following format. You cannot name someone else's testamentary trust.
The beneficiary is usually the trustee of their own trust, but a third party can be appointed in place or or as a joint trustee if necessary. This might include when the beneficiary is looking down the barrel of bankruptcy, there are marriage problems or there is limited capacity to manage ones own finances.
A trustee can be a family member or a friend who is over 18 years of age and is an Australian resident. You can also appoint a trustee company like State Trustees, or a legal, accounting or financial planning organisation. The trustee is the legal owner of the assets in the trust. Testamentary Trust - State Trustees VIC statetrustees.com.au ? trustee-services ? testa... statetrustees.com.au ? trustee-services ? testa...
A grantor can appoint someone a trustee as long as the individual is at least 18 years old and is not likely to become bankrupt or mentally incompetent. Grantors can also be the trustee themselves, as long as the trust is a revocable living trust. This means the trust can be changed during the grantor's lifetime.
Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.