Other Trust Matters pre 01/01/2002

Trusts - constructive, resulting, secret or implied

A court may decide that a trust exists due to the conduct of the relevant parties, although no action has been taken to declare a trust in writing.

Example: These trusts include:

  • constructive trusts,
  • resulting trusts,
  • secret trusts, and
  • implied trusts.
Assessment of constructive, resulting, secret or implied trusts

    

What is Superannuation?

Purpose of superannuation

The primary purpose of a superannuation scheme is to provide its beneficiaries with financial resources and other benefits during their retirement. Other benefits in some schemes include death benefits for surviving dependants and disability benefits. The Australian superannuation system is intended to fund higher standards of retirement living than continuing reliance on [glossary:income support pensions :79] as the primary source of retirement income.

Treatment of Non-Pensioner Partner's Superannuation Investments

Assessment of a non-pensioner partner's superannuation investments

Amounts in [glossary:superannuation funds:257] owned by a non-pensioner [glossary:partner:370] are exempt from assessment for the pensioner's [glossary:income support pension:79] until the non-pensioner partner reaches [glossary:pension age:316], regardless of whether or not the non-pensioner partner claims pension. When the non-pensioner partner reaches pension age their superannuation affects the pensioner's entitlements as follows: