Trusts can be a useful vehicle for many reasons. Our Lawyers have a thorough knowledge of trust law and practice and utilise that knowledge to the full extent to provide clients with the most flexible, cost-effective structure to achieve their goals for themselves, their families and other beneficiaries.

We clearly explain the trust structure, the obligations of a trustee and take steps to remedy a situation where the trustee may be breaching their duties or obligations. We will inform you of your legal obligations in establishing the trust, draft the necessary legal documents and advising on appointing a trustee.

Establishing a Discretionary Trust

A discretionary trust is advantageous as it offers asset protection and flexibility to distribute capital and income to a class of beneficiaries. The trustee has the discretion to distribute the capital and income within the parameters of the terms of the trust. By distributing to the beneficiaries the trustee is able to income split and share the tax liability amongst the beneficiaries.

As a further mechanism to protect your assets, you can name a company as trustee of your discretionary trust. A discretionary trust deed drafted correctly will protect the assets in the trust from creditors and matrimonial disputes. The terms of the trust deed are paramount and if drafted incorrectly you may be exposed to tax liabilities you are not aware of or by amending the deed incorrectly the trustee may trigger a resettlement of the trust or the trust to be vested, which would trigger Capital Gains Tax and stamp duty.

At Antunes Lawyers, we draft our own discretionary trusts to suit your circumstances to make sure you maintain maximum control and flexibility. We will review your trust deed and circumstances and provide advice on your situation.

Our expert trust lawyers can assist with:

  • Charitable Trusts and Foundations
  • Complaints Against Trustees
  • Establishing a Discretionary Trusts (Family Trusts)
  • Removal of Trustees
  • Breach of Trustee Duties and Obligations
  • Seeking Information from a Trustee
  • Special Disability Trusts by Parents for Disabled Children
  • Child Maintenance Trusts
  • Trusts that Receive the Land Tax Free Threshold
  • Class Trusts
  • Trusts for Blended Families
  • Trusts that Enable Division Between Children in the Future
  • Variation of (Amending) Trust Deeds
  • Extending the Vesting Date of Trusts
  • Litigation Involving Trusts
  • Trust Deeds to Protect Assets Against Relationship Breakdown
  • Trust Deeds Without a Perpetuity Period

Talk to one of our expert lawyers today.