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Discretionary Family Trust

DescriptionSoftcopy *
Discretionary / Family Trust$300
* Add $75 for hard copy

What’s in our package?

This package provides the necessary documents to establish a discretionary or family trust. It includes:

  • Letter
  • Relevant ATO forms
  • Trustee minutes
  • Memo and
  • Deed

Note: Stamp duty is $200 in Victoria, $500 in NSW and $50 in the NT (broadly, provided there is no dutiable property at the time of execution).

DBA Lawyers can assist you with stamping your deeds in Victoria at a cost of $365 (including $200 duty, our administration fee and postage).

A Duty Summary for each state and territory‘s duty criteria and whether and where to stamp is included in our package.

Additional State and Territory taxes – foreign beneficiaries

Additional duty and land tax may be payable by a trustee of a discretionary trust in respect of real property and certain other dutiable property in most States and Territories in Australia. This primarily applies to residential property.

To minimise this risk, DBA Lawyers’ trust deed can be specifically drafted to exclude ‘foreign beneficiaries’.

If you want to distribute to foreign beneficiaries, we recommend that you first obtain our advice before ordering.

We can then prepare a deed tailored to your specifications for an additional fee.

Naturally, please let us know if you require any advice as it is vital that the right deed be obtained from the commencement of a trust.

Please note that once a deed is executed, it is difficult and costly to vary.

For more information, click here.

Corporate Trustees of Discretionary Trusts

If you are establishing a new discretionary trust, you should consider the advantages of a corporate trustee over individual trustees.  The long-term benefits of a company generally outweigh the up-front cost of incorporation.  Some of the main advantages are:

  • Asset protection for the directors from third party claims
  • Greater protection from trustee taxation liabilities
  • Clear separation of ownership of trust assets from individually owned assets

For information about ordering a DBA company, please click here.

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