Where testamentary trustees transfer land to a corporate trustee under a partnership agreement conferring extensive discretionary powers (including power to develop and sell), the arrangement creates a new trust separate from the testamentary trusts. The exemptions under ss 35(1)(a) and 33(3) of the Duties Act 2000 (Vic) do not apply to such transfers. The Lend Lease analysis regarding custodianship arrangements in managed investment schemes is confined to that sui generis context and does not extend to conventional partnership trust arrangements. The dutiable value of such transfers is the full value of the fee simple estate, not nil.
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