Trust Estate
Australian Tycoon Loses Family Battle Over Multi-Billion Dollar Trust - Media
A ruling in Australia has thrown up one of the most prominent examples in recent years of a family legal dispute over a trust.
An Australian court ruling has delivered a high-profile example
of a family row about control of a trust, raising questions about
the issue of vesting dates and tax liabilities in such cases.
Bianca Rinehart, daughter of Gina Rinehart, the iron ore tycoon,
has been handed control of the multi-billion dollar family trust.
A New South Wales court judge has ordered control to be
transferred to the daughter, following a legal battle between
Gina Rinehart and her two eldest children, media reports
said.
The trust’s assets are worth as much as A$5 billion ($3.83
billion), according to reports.
John Hancock and Bianca Rinehart - along with their sister Hope
Welker - launched legal action against their mother in September
2011 on the back of a letter she sent them three days before
their youngest sister, Ginia Rinehart, turned 25 and the family
trust was due to vest.
Mrs Rinehart, who came top of the 2015 BRW Rich list that was
issued last week, has an estimated personal worth of more than
A$14 billion. She had changed the vesting date to 2068.
In the 3 September message, Mrs Rinehart said if the trust,
which listed her children as beneficiaries, vested they would
become liable to pay capital gains tax and they would become
bankrupt, media reports said, and she argued that this impact
could only be avoided if the vesting date was extended.
Justice Paul Brereton said Mrs Rinehart and her chief financial
officer, Jay Newby, had received no such tax advice. In the fight
for control of the trust, Justice Brereton found that Mrs
Rinehart had used tactics bordering on intimidation and sought to
wield her influential connections, reports said.