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ZoeGillard
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Hi Dee

Unfortunately I don’t know if removing him is possible I have never come across a situation like that I think it might depend a lot on what your trust deed says. Assuming the deed lists him as a specific beneficiary you would need to vary the deed to remove him from the list and possibly add him to the excluded persons list. You would need a lawyer to help you with that, not too sure of costs.

If he is just a beneficiary though, as long as he has no unpaid entitlements (ie all distributions to him have been physically paid and not carried forward in the trust) then as sole trustee you may be able to simply continually resolve that all income is to be distributed to yourself, this would save money but your ex may find away to say he is still entitled to some of the income as a beneficiary.

Has the ATO never chased you for lodgement of the trust returns? If not it could be that a final tax return was lodged 10 years ago, so a discussion with the ATO may be required to see if there is away to say that more returns are required.

You should be able to borrow money as trustee of the trust, so for example a loan would probably be in the name of Dee ATF The Dee Family Trust.

As for the cost, well it depends what is required, what firm or accountant you use and what you deem to be excessive. Some firms may be able to provide you with a quote so you have an idea up front of what it would cost.

You will likely need to get advice from an accountant specific to your situation as what I have said may not be applicable, there are a lot of variables that have not been considered and a lot of this general information is based off ifs and assumptions. I do hope it has helped you a little bit though.