Trusts

Trusts are a necessary feature in structuring the operation and management of small to medium enterprise businesses and high net worth individuals’ wealth

Trusts have been used extensively in Australia as investment and business structures and have been implemented for asset protection, taxation, vulnerable beneficiary and charitable purposes. There are many different types of trusts used in Australia and the taxation implications differ from trust to trust. In the recent years, there have been changes to taxation of trusts and the Federal Government has announced a rewrite of the taxation of trusts regime in Australia.

We work closely with clients and their advisors to:

  1. Establish trusts by deed including discretionary, capital reserved, all needs protective, special disability, unit and hybrid trusts
  2. Prepare wills including testamentary trusts
  3. Establish and advise on the use of excepted proceeds trusts including child maintenance, superannuation proceeds and estate proceeds trusts
  4. Review and amend terms of trusts (eg definition of income, streaming powers and other necessary changes to bring its terms up to date with current law)
  5. Change trustees, appointors, guardians and other officeholders of trusts
  6. Deal with contentious trust issues (eg disputes between beneficiaries, trustees and removals of trustees)
  7. Asserting equitable remedies including the existence of resulting, constructive or express trusts
shutterstock_140221888