They’ve gone rogue – Your risks, remedies and when and how to run away

  • Presentations
  • Set up & management

National Conference 2024

Dissolution, death, disability or divorce all lead to a debacle and potential rogue trustees, beneficiaries and professionals. They all present a danger to you, their co-members, their dependents and also to themselves. They are also a PI insurance disaster in the making.
 
Is a claim of fiduciary breach of trust enough where trustees:
  • Succumb to personal interests
  • Impose coercive behaviour on others
  • Engage in unethical decisions
  • Are uncooperative?
    What is the advisor’s role, auditor’s role in a dispute?
  • Can they be held liable?
  • How do you protect yourself and the other trustees?
  • How do you get them out?
 

Following this session you will be able to:

  • Gain an in-depth understanding of how to identify rogue behaviour such as succumbing to personal interests and coercive actions.
  • Acquire practical strategies for dealing with uncooperative beneficiaries, trustees and peers, including legal remedies and best practices for protecting the other parties involved.
  • Attain the knowledge to navigate ethical and legal complexities arising in trustee disputes to critcally asses your role and any PI Implications.
  • Learn effective methods for the removal of rogue trustees, ensuring the integrity of the trust arrangement is maintained for the benefit of all parties involved.

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain general advice only and are prepared without taking into account particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. Before making any decision based on this information, you should assess its relevance to the individual circumstances of your client. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this bulletin is not considered financial product advice for the purposes of the Corporations Act 2001. © SMSF Association