With new laws that extend the power of the Family Court to ‘bust trusts’, it’s more important than ever to seek out legal advice and confirm that your trust is safe.

The term ‘trust busting’ is most commonly associated with the idea of governments stepping in to break up monopolies and trusts. Traditionally, discretionary trusts designed for personal use have not been subject to ‘trust busting’ and have been an effective tool to protect your assets during relationship property settlements or in circumstances where you become bankrupt.

However, new laws in Australia have extended powers of the Family Court to assess trusts during relationship disputes and your assets may be at risk from claims by former partners or other creditors. Our lawyers can review your existing trust, or draft a bespoke trust deed for you that will mitigate the risks of your trust being deemed a ‘sham’ by the courts and more sufficiently protect your important assets.

Talk to a trust lawyer today.

Our expert lawyers can run you through your options and provide advice so that you can fully protect your assets whilst avoiding unnecessary taxation.

There are many types of trusts and each is suited to different situations. Discretionary, unit, bare, hybrid, fixed, and charitable trusts all have strengths and weaknesses which should be weighed up depending on your needs, activity, and investment purpose.

Antunes Lawyers take pride in making the process of protecting your assets with a trust simple, approachable, and easy to understand, and that starts with helping you choose the optimal trust structure. Whether you’re an individual, family, small business, or large organisation, we can help you to effectively utilise trusts to achieve financial and commercial objectives.

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Specific purpose trusts play a unique role within the trust world and require a uniquely specialised lawyer. Antunes Lawyers are more than fit for the task.

Like traditional trusts, specific purpose trusts still require a trustee to manage the trust, comply with their fiduciary duties under the law, and follow the requirements of the trust deed but this is where most of the similarities end. Unlike traditional trusts, specific purposes do not have any beneficiaries or a charitable purpose, and when their purpose is fulfilled, the trust is vested unless the deed states otherwise.

Specific purpose trusts are most commonly used to purchase or maintain a burial plot after the original asset holder is deceased, to pay for the care of animals that are considered assets (such as a racehorse), or to fund projects and initiatives that aren’t created by registered charities. If you think a specific purpose trust might be the right fit for your needs, our lawyers can assist you in taking the next step.

Talk to a Specific Purpose Trust lawyer today.

Antunes Lawyers can make the complex task of understanding your rights and responsibilities simple, for trustees and beneficiaries alike.

As a trustee, being aware of your duties is the only way to feel confident and guarantee that you’re complying with the law and avoiding potential legal proceedings against you. For all trustees, your prime responsibility is to act in the best interest of the beneficiary, follow the terms of the trust deed, and fulfil your duties outlined within the Trustee Act 1925 (NSW).

If you are a beneficiary, understanding your rights is key to ensuring that they are protected and enforced. Some beneficiary rights include the right to information, the right to compel performance, the right to restrain a breach, and the right to be considered by the trustee. All of these rights are designed to give you powers to monitor your trust and trustee.

Our lawyers can inform both beneficiaries and trustees of their rights or duties, identify potential risks, mediate disputes, amend trust deeds, or represent you if legal proceedings occur. If you’re involved within a trust and would like to be better informed about your role or need additional assistance, take out the guesswork and contact our team of experts.

Talk to a trust lawyer today.

Antunes Lawyers can make the complex task of understanding your rights and responsibilities simple, for trustees and beneficiaries alike.

As a trustee, being aware of your duties is the only way to feel confident and guarantee that you’re complying with the law and avoiding potential legal proceedings against you. For all trustees, your prime responsibility is to act in the best interest of the beneficiary, follow the terms of the trust deed, and fulfil your duties outlined within the Trustee Act 1925 (NSW).

If you are a beneficiary, understanding your rights is key to ensuring that they are protected and enforced. Some beneficiary rights include the right to information, the right to compel performance, the right to restrain a breach, and the right to be considered by the trustee. All of these rights are designed to give you powers to monitor your trust and trustee.

Our lawyers can inform both beneficiaries and trustees of their rights or duties, identify potential risks, mediate disputes, amend trust deeds, or represent you if legal proceedings occur. If you’re involved within a trust and would like to be better informed about your role or need additional assistance, take out the guesswork and contact our team of experts.

Talk to a trust lawyer today.

The little details matter when making the big decision of establishing a trust. Our lawyers won’t miss a detail and can draft a trust that best suits your needs.

There are a few key types of trusts to consider depending on your situation. Bare trusts, as the name suggests, are one of the simplest trust structures and are commonly used by parents or grandparents to transfer assets to children or grandchildren. Discretionary trusts, or “family trusts”, provide more control and flexibility for trustees who can distribute their capital amongst beneficiaries to income split and gain tax advantages. Unit trusts, which are commonly used to hold passive assets owned by multiple people, behave similarly to shareholding. Capital is distributed amongst beneficiaries proportional to how many “units” they own within the trust rather than by the discretion of the trustee.

Weighing up the pros and cons of which structure best can be a daunting task. Antunes Lawyers can guide you through the process of selecting the optimal trust structure for your circumstance, drafting a trust deed that protects you against all scenarios, obtaining the appropriate consents needed, and ensuring compliance with tax obligations.

Talk to a trust lawyer today.

The little details matter when making the big decision of establishing a trust. Our lawyers won’t miss a detail and can draft a trust that best suits your needs.

There are a few key types of trusts to consider depending on your situation. Bare trusts, as the name suggests, are one of the simplest trust structures and are commonly used by parents or grandparents to transfer assets to children or grandchildren. Discretionary trusts, or “family trusts”, provide more control and flexibility for trustees who can distribute their capital amongst beneficiaries to income split and gain tax advantages. Unit trusts, which are commonly used to hold passive assets owned by multiple people, behave similarly to shareholding. Capital is distributed amongst beneficiaries proportional to how many “units” they own within the trust rather than by the discretion of the trustee.

Weighing up the pros and cons of which structure best can be a daunting task. Antunes Lawyers can guide you through the process of selecting the optimal trust structure for your circumstance, drafting a trust deed that protects you against all scenarios, obtaining the appropriate consents needed, and ensuring compliance with tax obligations.

Talk to a trust lawyer today.

The little details matter when making the big decision of establishing a trust. Our lawyers won’t miss a detail and can draft a trust that best suits your needs.

There are a few key types of trusts to consider depending on your situation. Bare trusts, as the name suggests, are one of the simplest trust structures and are commonly used by parents or grandparents to transfer assets to children or grandchildren. Discretionary trusts, or “family trusts”, provide more control and flexibility for trustees who can distribute their capital amongst beneficiaries to income split and gain tax advantages. Unit trusts, which are commonly used to hold passive assets owned by multiple people, behave similarly to shareholding. Capital is distributed amongst beneficiaries proportional to how many “units” they own within the trust rather than by the discretion of the trustee.

Weighing up the pros and cons of which structure best can be a daunting task. Antunes Lawyers can guide you through the process of selecting the optimal trust structure for your circumstance, drafting a trust deed that protects you against all scenarios, obtaining the appropriate consents needed, and ensuring compliance with tax obligations.

Talk to a trust lawyer today.

During the process of closing a trust, trustees are responsible for making sure that things are validly wound up and in compliance with the trust deed’s terms.

Trusts might need to be closed when the perpetuity expires, when all property under the trust has been distributed among the beneficiaries, when the trust no longer holds any “property” (including no longer holding the settled sum), because of a Court Order, because of terms in the trust deed, or when all of the possible beneficiaries of the trust (of legal age) direct the trustee to terminate the trust.

Generally, discretionary trust deeds provide an explicit date or an event where the trust must ‘vest’, however, if your deed is unclear on this issue, the statutory limit in Australia is eighty years. Antunes Lawyers are experienced in helping clients to identify and comply with the procedures prescribed by the trust deed, obtain relevant consents, and consider all potential beneficiaries, stakeholders, creditors, and tax obligations that may be impacted or triggered by the closing of the trust.

Talk to a trust lawyer today.

Why not start your philanthropic journey today and establish a charitable trust with the help of our expert trust lawyers.

As the name would suggest, for a trust to be considered a ‘charitable trust’, it must hold assets which support a charitable purpose and specifically charities that are officially registered with the Australian Charities and Non-for-profits Commission (ANCN). One of the major benefits of charitable trusts compared to other trusts, is that donating to a charitable trust is not only a great way to use your assets for good, it is also tax deductible.

We can assist you to register your charitable trust as a deductible gift recipient (DGR), so that your trust is eligible to receive tax-deductible donations, help you to manage your trust, and assist with ongoing reporting obligations or compliance issues with the ANCN.

Talk to an experienced trust lawyer today.