Who is the beneficiary????

You would need to see a copy of the trust deed.

Why do you want to find out who the beneficiary is? If it is a discretionary trust then there would be more than 1 beneficiary and likely to be several hundred possible beneficiaries. And just because someone is a beneficiary doesn't mean much. They have no right or expection to receive anything from the trust – just the possibility, which may never happen.

Also you say the a firm is the trustee? Only companies or natural persons can be trustee and it would be very unusual for a trading company to act as trustee – especially a financial planning firm.

Do you know if the trust owns any real property? If so you could do a title search on the property and find out who the legal owner is (which would be the trustee). This may also show other interests registered such as mortgages or caveats. You can then request copies of these which may lead to more clues (other beneficiaries may have lent money to the trust or have lodged a caveat etc).

If the trustee is company you can also do a ASIC search and find out who the directors are and the shareholders – often these are the people with the real control of behind the trust.

Trust deeds would also be held by lenders and accountants – though they would not release them to you.

hi Basman

Interesting.

I guess the wife is not on title? And you think he is trying to sell it before the family court can make an order.

I would suggest you get your sister into a lawyer asap and slap a caveat on the property. She should be able to do this under the family law act. If the new buyer hasn't put a caveat on themselves, then she may be able to stop the sale.

Family law court can also make orders against third parties and so you could possible try to get to the bottom of the new owner.

The danger is if the sale goes through the husband will get the cash and then dispose of it, or hide it so later on if there is a property settlement and he is ordered to pay over proceeds he will say he spent all the money.

Also interesting that the financial planner's trust is buying it. Basman do you know of any relationships, friendship, business etc, between the fin planner and the husband?

BTW, there is no requirement for a beneficiary to be named on the trust deed. You could get your hands on the deed and his name may not be listed anywhere yet he could still be a benenficiary by falling under one of the broad classes of beneficiaries.