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Harry and Bob Brown are brothers. Over the years they became aware of neglected properties in the inner city which they purchased as and when
Harry and Bob Brown are brothers. Over the years they became aware of neglected properties in the inner city which they purchased as and when they could. The brothers treated the purchases with a high degree of informality between themselyes, with some properties registered in Bob's name, some in Harry's and some in both their names as tenants in common. Purchases we re financed from their individual salaries in a Iu'ariety of ways, but in frequent signed notes to each other oyer the years, they referred to all of the properties as being owned by each other equally. By EDDIE), they had amassed considerable inner city property holdings. In EDDE, Harry's wife died. In EDGE, he met Gemma at a charity eyent. Harry had only gone because he was lonely but to his surprise, he struck up a liyely conyersation with Gemrna. They began a relationship, eventually marrying in zoos. Harry's daughter, Eug. along with his brother, Bob, did not like Gemrna. They thought that she was interested in Ha rry's money. Harry was upset by his family's attitude to Eemma and determined to protect her in the eyent of his death. He asked his solicitor to set up a trust of which Gemma and Fee were named as beneficiaries in the Schedule to the trust deed. Harry's friend, Ed Price, agreed to be the trustee. Ed and Harry had become friends relatively recently, and Ed had neyer met any of Harry's family. Ed is a retired school teacher. The Brown Family Trust Deed was properly executed by Harry and Ed. Harry sold one of the inner city properties, a house in Surry Hills that was registered in his name only. He transferred the 51.5 million sale price into the Brown Family Trust's bank account. The Brown Family Trust Deed contained the following clauses: {Ilause 4 Before the yesting day, the trustee has an absolute discretion to decide to distribute the trust fund and any unapplied and undistributed income from it, in any proportions the trustee decides, to any one or more persons who are named in the Schedule as beneficiaries or who are members of any of the classes of eligible beneficiaries described in the Schedule. The trustee has an absolute discretion to exclude a named beneficiary or a member of a class of beneficiaries. Clause 15 The trustee may inyest trust funds, ideally in secure forms of investment, including residential real estate, government bonds and shares, proyided that no investments are made in gambling, tobacco, whaling, deforestation or mining. Clause 16 The trustee has the power to purchase, acquire, sell, transfer, hire, lease, dispose of, manage, divide, encumber or otherwise deal with any real or personal property. Using money in the trust account, Ed bought $700,000 worth of Westpac Bank shares, $200,000 of Sportscorp shares, $400,000 of BHP Coal shares, and $100,000 of Ethereum. He distributed $100,000 from the trust account to Gemma, who spent the money installing a solar power system in her home. Eug discovers that Gemma has been given money from the newly created Brown Family Trust and is extremely upset. She raises her concerns with her Uncle Bob, who is also worried about the informality surrounding the property portfolio he owns with his brother. Eug and Bob confront Harry, and Harry says, "You will need to speak to the trustee, Ed. It is out of my control". Eug and Bob do so. Ed is now extremely concerned that he is stuck in the middle of a nasty family dispute, with responsibilities he did not expect. Advise Ed
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