The recent decision upheld by the Western Australian Court of Appeal Blenkinsop v Herbert WASCA 87 (Blenkinsop) outlines the importance of understanding the terms of a discretionary trust deed. More significantly, the case focussed on the nature of the Guardian’s powers and the Court’s jurisdiction to remove the Guardian. 1.     What is a discretionary trust deed? A discretionary trust is a common vehicle for operating businesses as they offer

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