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Why you should order discretionary trusts from DBA Lawyers

While DBA is recognised as Australia’s leading SMSF law firm, it is also well known for its trust law experience and trust documents.

We believe that we offer an excellent discretionary trust deed that is easy to read, provides great flexibility and reflects the latest legal developments. As lawyers advising on discretionary trust issues and transactions, we better understand the needs and risks inherent in these trusts and develop our documents based on this experience.

We have spent considerable time ensuring our trust deed is well positioned to handle the foreign purchaser duty and land tax surcharges. As these laws differ throughout Australia, we have obtained input from lawyers in other jurisdictions to make sure our ‘foreign exclusion’ wording is appropriate.

We often advise clients who have not obtained appropriate documents and understand that there can be substantial costs, time and damage when documents used are not fit for purpose.

The benefits of DBA’s discretionary trust deed

  • We provide quality trust documents that deal with latest trust law developments and provide ample planning strategies.
  • Our ordering process allows clients to instruct us to provide a deed that excludes ‘foreign persons’ or similar definitions for any Australian jurisdiction, avoiding the foreign purchaser duty and land tax surcharges.
  • Our deed provides detailed provisions around the operation and role of the appointor and for the nomination of a successor appointor.
  • Our deed gives the power to have meetings using technology, so meetings can occur even if trustees are in different locations.
  • Our lawyers can provide a specially tailored trust deed to meet a client’s particular requirements.
  • Our trust deed package includes an educational memo and completion checklist to assist with trust queries and setup.
  • We can provide ongoing technical support and assistance for trusts and related issues.
  • We have advanced online ordering capability with swift turnaround times.
  • Our documents are provided by a law firm that is a registered legal practice with professional indemnity insurance. Many other suppliers are non-qualified and non-expert.
  • Our documents are regularly reviewed and revised by lawyers to be kept up to date.

DBA Lawyers are committed to providing quality documents and excellent service. All of our documents are prepared and signed-off by a lawyer, providing protection to our clients.

A trust deed typically has a very long lifespan (up to 80 years usually, 125 years in Queensland or indefinitely in South Australia), so we believe in providing tried and tested documents that will stand the test of time.

To order a DBA discretionary trust, visit DBA’s website and order online at

Some articles relating to trust are:

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This article is for general information only and should not be relied upon without first seeking advice from an appropriately qualified professional. The above does not constitute financial product advice. Financial product advice can only be obtained from a licenced financial adviser under the Corporations Act 2001 (Cth).

Note: DBA Lawyers hold SMSF CPD training throughout the year. For more details or to register, visit or call 03 9092 9400.

For more information regarding how DBA Lawyers can assist in your SMSF practice, visit

By Shaun Backhaus ([email protected]), Senior Associate, and Daniel Butler ([email protected]), Director, DBA Lawyers


2 April 2024

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