Essential Skills: Insolvency Law
Trusts & external administrations

Where an insolvent trustee is wound up or placed into another type of administration, the intersection of trusts and insolvency law can result in a complex set of competing principles, issues and stakeholders.

Focusing on corporate trading trusts, this course develops your awareness and understanding of the legal issues and challenges facing insolvency practitioners when conducting an external (or estate) administration of an insolvent trustee.

While specific issues surrounding the insolvency of trading trusts are addressed, there is also coverage of the basic concepts of trusts law which provides the necessary platform to understand the more complex aspects.

Learning objectives

At the end of this course you will understand:

  • Why an understanding of the nature of trusts law is important to insolvency practice.
  • Common types of trusts and their implications (unit trusts vs. discretionary trusts).
  • The key appointment-related legal issues with trusts.
  • The key legal principles underlying trusts and insolvent trustees.
  • How to deal with specific legal issues and challenges relating to insolvent trustees
  • How insolvency practitioners’ remuneration gets paid out of trust assets.

Prerequisites

We recommend you complete the Introduction to Insolvency Program, or have one year of on-the-job experience prior to attending this course.

CPE

TBC - maximum of 2 CPE verifiable hours.  

Please see our enrolment and cancellation policy. For further information contact our education team.