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Trust advice and popular services

Overview

We regularly establish trusts for a wide range of advisers and clients throughout Australia. We also advise on and prepare a range of documents for trusts including investment structuring, succession and various types of variations to trusts.

Our tax (including duty and land tax) expertise is invaluable in offering quality advice and documentation. Our trust documents are regularly updated due to the ongoing changes and legal developments. Moreover, obtaining trusts from suppliers without legal and tax expertise is now extremely risky.

For pricing related to our various suites of standard trust documents please see our Price List.

For our services relating to our tax advice and assistance including duty exemptions and other tax issues relating to trusts please refer to our Tax Services.

Please contact us to discuss volume pricing.

 

Our range of general trusts services and indicative pricing include:

Review of trust deed and provision of report

This service involves us reviewing the trust deed and reporting back on possible amendments. The review will cover the following items: income streaming, appointor powers, investment powers, financial reporting requirements and vesting date.

$990

Change of trust name

Variation of trust deed to change the name of the trust.

$440

Foreign person exclusion

Variation of Family/Discretionary trust deed to exclude ‘Foreign Persons’ (or similar term) for a single or multiple jurisdictions for duties and land tax purposes.

Note that the standard fee covers 1 jurisdiction.

Each additional jurisdiction incurs a $200 fee.

$990 DBA Deed
$1,250 Non-DBA Deed

Variation for streaming and to improve tax provisions

Variation to a trust deed for tax purposes such as including appropriate income determination and streaming provisions.

$1,250

Variation for Appointor and Successor Appointor provisions

Variation for inclusion of Appointor and Successor Appointor provisions. We insert a range of provisions for the smooth functioning of the Appointor and Successor Appointor provisions.

$1,250

Variation for investment power provisions

Variation to a trust deed to provide for broad and modern investment powers, allowing for investments in all types of investments and assets including such as cryptocurrencies.

$1,250

Change of appointor

Documents to effect a change of appointor of an existing trust.

$770

Documents for a current appointor to make a Successor Appointor nomination

Note that we recommend the appointor provisions are reviewed to ensure they meet your needs and are varied if necessary.

$660

Winding up or vesting

Winding up/vesting a discretionary trust that does not have significant assets or any dutiable property. The documents are prepared on the basis that the Trust holds total assets less than $5,000, and no assets that are situated outside Australia.

$660

Change of Trustee for a discretionary trust

Documents to effect a change of trustee of an existing trust.

$770

Renunciation

Instead of amending a deed to exclude certain existing beneficiaries, these documents can be signed by the ‘existing’ beneficiary to renounce all present and future rights as a beneficiary which they may have under the trust.

$990
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Variation to amend reporting requirements

From July 2021 changes to the Australian Accounting Standards (AAS) have meant that trust deeds that were in existence as of 1 July 2021 that expressly require trustees to prepare financial statements in accordance with the AAS are required to prepare general purpose financial statements and not special purpose statements. These documents will remove the requirements to prepare statements in accordance with AAS.

$440

Extension to vesting date

Many trusts were established with a vesting date of less than 80 years. These documents will act to vary the vesting day to be ‘one day before the 80th anniversary of the commencement date of the trust’.

$660

Managing unpaid present entitlements – Family Trusts

Documents to notify a beneficiary of an unpaid present entitlement for the purposes of section 100A of the Income Tax Assessment Act 1936 (Cth).

Refer to this article:
Family trusts — managing unpaid present entitlements

$440

Sundry variations

There may be a need to add or subtract wording or a power to/from a trust deed, eg, at the request of a bank or lender. Our lawyers can review your request and confirm what is needed.

POA

Adding/removing beneficiaries of a discretionary trust

Care is needed before adding/removing a beneficiary as significant tax liabilities can arise if this is not properly managed.

POA
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Trusts – Business services

We can assist with establishment, structuring, equity events and succession including establishing or varying business structures including partnerships of family trusts. Click here for more.

POA

Trusts – Tax services

We assist and advise on various taxation matters relating to trusts and other structures, particularly in relation to representation for clients in ATO and SRO matters including regulatory review and audits and responding to information requests, reviews and appeals. Click here for more.

POA
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For more information and related articles

For more information regarding why you should choose a DBA discretionary trust, click on the articles listed below:

We commonly deal with a variety of other trust matters. If you have any other trust queries or requirements please contact us to discuss.

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