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Special Trusts

 Softcopy *
Special Disability Trust$4,000
Child Maintenance Trust$4,000
Estate Proceeds Trust$4,000
Superannuation Proceeds Trust$4,000
* Add $75 for hardcopy

Our package for special trusts provides the necessary documentation to establish a SDT, EPT, CMT or SPT and includes:

  • Letter
  • Deed
  • Minutes
  • Relevant ATO forms

Special Disability Trust (‘SDT’)

An SDT can be used to provide for the care and accommodation of children with severe disabilities. These trusts attract social security means test concessions for beneficiaries and fewer gifting restrictions for donors. Up to $500,000 can be placed on trust by the child’s immediate family members or guardians without affecting social security or income support payments.

Estate Proceeds Trust (‘EPT’)

An EPT is created where the assets of a recently deceased person are placed upon trust following his or her death to obtain favorable adult tax rates for passive income flowing from the trust to children under 18 years. The assets of a deceased person which can be placed in such a trust are limited by tax law and must be placed upon trust within 3 years from the date of death.

Child Maintenance Trust (‘CMT’)

A CMT also obtains similar tax relief to the EPT. A CMT is generally used where parties place assets upon trust for their children to partially satisfy their ongoing maintenance obligations.

Superannuation Proceeds Trust (‘SPT’)

An SPT also obtains similar relief to the EPT. An SPT is a trust that is established from a death benefit that is paid directly by a superannuation fund to the trustee of the SPT for the benefit of the deceased member’s children (generally under 18 years) where there is no surviving spouse. This allows the superannuation moneys to be invested for the benefit of the children until they attain a certain age (eg, 25 years) and in the meantime, the funds can be used for the education, maintenance or advancement of the children.

Note: Stamp duty may also be payable on these trusts depending upon the jurisdiction.

For a seminar paper presented by DBA Lawyers on 18 February 2015 with some discussion on the above trusts, please click here.

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