Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

On 19 Feb you confirmed that an Australian resident citizen…

Customer Question
On 19 Feb you confirmed...
On 19 Feb you confirmed that an Australian resident citizen could not act as a trustee of a UK trust. I am having difficulty convincing UK lawyers that there is a problem and I wonder if you could expand a little on the reasons for the embargo and let me know which Act/Section/Clause etc. contains the provisions.
Submitted: 3 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 9 minutes by:
3/27/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

That is correct.

You have to be resident in the UK to act as a trustee.

Here is a link about being a trustee

https://www.moneyadviceservice.org.uk/en/articles/being-a-trustee#what-is-a-trustee

What exaclty are they saying?

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Apart from the bank who told me of the restriction lawyers here and in Australia have never heard of it. And don't see it as a problem. Clearly if the bank won't accept the trustee we cannot get banking facilities. So I just want to be able to tell the person involved and the lawyers what legislation they should refer to. The bank said it was in the Australian Corporations Act but couldn't tell me more than that.
Customer reply replied 3 months ago
Couldn't get the link to work
Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

That is correct you have to be resident in the UK to be able to open an account.

A foreign person cannot open an account in the UK

It is UK law that you have to look at about a trustee being appointed.

Australian laws apply to being appointed in australia

eg Under Austraian Corporations law you cannot be a director unless you are resident in australia

Copy and past the link in the search bar of your browser it sets out the responsbilities of the trustee.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
I'm sorry but I don't believe this is uk law. I've been a trust accountant for over 30 years and I know the uk law relating to the rights and duties of trustees. The problem only relates to Australians according to the bank.
If as you say an Australian cannot act as a uk trustee if he/she is resident in Australia it must be your laws which prohibit it. We are rather famous for having overseas trusts and I , nor the lawyers we have been in touch with , understand the restriction.
So if it is in the corporations act are you able to tell me where?
Solicitor: Leon, Solicitor replied 3 months ago

If you are not resident (living) in the UK, you cannot open a bank account.

The same applies in Australia. If you are not resident (living) in Australia you cannot open a bank account

If you are appointed as Trustee in the UK and you live in Australia, you will not be able to properly look after the trust.

Also tax wise, you would be a foreigner and the trust would be treated as a non resident trust

https://www.gov.uk/guidance/non-resident-trusts

The Australian Corporations Act does not operate in the UK

Anything to do with the UK, their laws apply.

Australian Laws only apply in Australia.

If the lawyers in the UK wish to appoint an Australian resident that does not live in the UK as a trustee they can on paper but they will not be treated the same as a UK resident trustee.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Ok. The link just give details of non-resident trusts for uk purposes. We have a uk resident trust with a non-resident trustee. I'll leave it there for the moment. It's getting late here. Thank you
Solicitor: Leon, Solicitor replied 3 months ago

The trust is deem resident by the residency of the trustee

If the trustee is in Australia it is a non resident trust

All the best and good luck

Regards

Leon

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
46,708 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,708 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,106 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I have been told by a UK bank that Australian citizens
I have been told by a UK bank that Australian citizens cannot act as trustee of a UK resident trust. Is that correct?… read more
Leon
Leon
Solicitor
46,708 satisfied customers
I wish to find out with the FTA Agreement between Australia
I wish to find out with the FTA Agreement between Australia and South Korea if there is a land dispute where company or as a private investor to get something confirming the FTA clause between both co… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
I am a New Zealand citizen living in Australia last
I am a New Zealand citizen living in Australia for the last eleven years. I have a student loan debt in New Zealand that has now reached approx $90,000. I have no assets or income in New Zealand and n… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
My uncle is 77 years of age. He is an Australian citizen, however
My uncle is 77 years of age. He is an Australian citizen, however he has been living in Italy for 35 years. He is married to an Italian national (wedding took place in Italy about 25 years ago), and h… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I am an Australian citizen. I have been living in the UK for
I am an Australian citizen. I have been living in the UK for 8 years now (have UK citizenship too). If I marry a British citizen I would like to know the legal situation should we divorce in the futur… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My wife (Australian), and I (UK citizen) separated on 14 October
My wife (Australian), and I (UK citizen) separated on 14 October 2010, I applied for sole divorce in November 2011, nisi was granted in Feb 12 with absolute in March 12. There are no children involved… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
What does the following mean when contained within a will: "My
What does the following mean when contained within a will: "My Trustee or Trustees for the time being may in their absolute discretion apply for the maintenance education advancement or benefit of a b… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
If my son was born in Australia while I was in the U.S. Air
If my son was born in Australia while I was in the U.S. Air Force stationed in Australia, and my husband a US citizen was also in Australia working with an Australian company, does he qualify for dual… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I am the Trustee of a Hybrid Discretionary Family Trust. I
I am the Trustee of a Hybrid Discretionary Family Trust. I am also the Appointor. There is no Guardian. I am advised that if I become bankrupt the Bankruptcy Trustee would not have a problem with me c… read more
Leon
Leon
Solicitor
46,708 satisfied customers
I am still legally married to a Maltese lady but have not seen
I am still legally married to a Maltese lady but have not seen or heard from her in 21 years. There is a son involved but he is 29 years old. I am living and working in the Middle East. My question is… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My daughters are Australian citizens, can I appoint one Chinese
My daughters are Australian citizens, can I appoint one Chinese relative (chinese citizen) as trustee for my daughters' trust fund?… read more
Leon
Leon
Solicitor
46,708 satisfied customers
my husband is an indian citizen still in india, planning to
my husband is an indian citizen still in india, planning to come to australia to claim the custody of his child who was born in india last year. the mother of the child was residing in india for some … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
as a retired super fund pensioner (Commonwealth Government
as a retired super fund pensioner (Commonwealth Government CSS) -formerly with my now deceased spouse as my nominated beneficiary -what rules and procedures for super inheritance apply if I find anoth… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
my employer has refused my application to go on leave to th
my employer has refused my application to go on leave to th UK for my wife's 50th birthday, I have 30 days accrued leave and plan to resign and use my accrued leave to be with my wife on her celebrati… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
In a Discretionary Trust can the Deed contain a provision that 1.
In a Discretionary Trust can the Deed contain a provision that 1. any Income or Trust Fund Distribution is subject to Appointer(Principal) approval, and 2. any variations to Deed by Trustee is subject… read more
cmcd
cmcd
LLB
146 satisfied customers
my family and i are returning to the uk very soon and we have
my family and i are returning to the uk very soon and we have a 16 year old son who wants to return to Australia when he turns 17 years, we are citizens of Australia and were wondering if he is allowe… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
I currently sub contract to a company in london that is co-owned
I currently sub contract to a company in london that is co-owned by 2 couples, one from each couple is an Australian Citizen and both couples are moving back to Australia within the next 12 months. Th… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Ive been working here for five years for a UK company in Australia.
I've been working here for five years for a UK company in Australia. There is an Australian subsiduary company but my contract is with the UK parent company. They recently made me redundant under UK l… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x