Bendel, Present Entitlement & the Foundations of Trust Law

In this episode, Adrian Cartland (the Taxinator) sits down with his mentor Dr Campbell Rankin to unpack one of the most fundamental and most overlooked concepts in trust taxation: present entitlement.Before diving into the landmark Bendel decision, Adrian and Campbell lay the groundwork by exploring:What present entitlement actually means and why it mattersThe trustee's right of indemnity and why it's largely ignored in practiceKey cases including Whiting, Harman, Ward v IRC, Buckle, and BendelWhy most trusts may have a present entitlement problem by 30 JuneThe difference between paying, applying, and setting aside trust incomeWhat the High Court actually said and what it left unansweredWhether you're a tax lawyer, accountant, or just trust-law curious, this episode cuts through the complexity to examine what the courts have and haven't resolved.Hosted by: Adrian CartlandGuest: Dr Campbell RankinCartland Law — Tax, Trust and Technology