#87 Caldwell & Caldwell - The Appeal

from The Art of Estate Planning Podcast · host Tara Lucke

In this special update to our series on the family law protection of discretionary trusts and testamentary trusts, I revisit the Caldwell & Caldwell decision following the successful appeal. Back in 2025, the original trial decision attracted significant attention when a group of long-standing family trusts were found not to form part of the matrimonial property pool. The appeal court has now overturned that decision — but does this actually change the law around trust protection? Read the decision here

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