Muddying the Waters Further: Kennon v Spry - 'Ownership', 'Control' and the Discretionary Trust
Australian Bar Review, 32 173-179
Posted: 26 Jun 2015
Date Written: 2009
In this article the author looks at how a recent stream of authority, particularly Kennon v Spry, has muddied the waters with respect to the position of the object of a discretionary trust. This has cast doubt on the conventional long-term view that the beneficiary of a discretionary trust does not enjoy a proprietary interest in any of the assets of the trust, or in the trust funds as a whole.
JEL Classification: K00
Suggested Citation: Suggested Citation