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Clayton - implications for practitioners
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This book is only available in PDF format
Authors: Kate Davenport KC, Tammy McLeod
Published: 2 November 2016
Pages: 18
Introduction
There is no introduction for this publication.Content outline
- Clayton v Clayton – the implications of the supreme court decision for trusts and practitioners
- The facts: Clayton v Clayton
- The s 182 decision (Claymark)
- The supreme Court’s judgment
- Nuptial settlement?
- What is a settlement?
- What qualifies as “nuptial”?
- Contracting out s 182(6)
- The Vaughan road property trust – Mr Clayton’s powers in trust found to be relationship property
- What is property?
- Advice: how to avoid an interest in a trust being found to be property
- Practical drafting tips
- Drafting trust deeds in light of Clayton
- The beneficiary class
- The power to appoint and remove beneficiaries
- The power to appoint and remove trustees
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