The Art of Estate Planning Podcast

#80 Family Law Protection of Trusts: Bernard, Coley & Danae, and Dovgan

The Art of Estate Planning Podcast

Show Notes

In this third instalment of our series on discretionary trusts and family law, I discuss the decisions of Bernard & Bernard, Coley v Danae, and Dovgan & Dovgan

These cases look at how testamentary trusts will be treated by the family courts, the effectiveness of joint controllers, and whether trusts controlled by a Respondent's parents can be drawn into their family law proceedings as property of the parties.

Read the decisions here:

Bernard & Bernard [2019] FamCA 421

Coley v Danae [2020] WASCA 13

Dovgan & Dovgan [2021] FamCA 306

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