Trusts
Trusts are a useful and popular investment and business structure in Australia, and can be used in asset protection and tax planning strategies. Trusts are also used extensively where vulnerable beneficiaries are involved and for charitable purposes.
Our lawyers have specialist expertise and can assist you with all aspects of trust law. Leading the team is principal lawyer Nathan Yii, Chartered Tax Advisor and Trusts and Estates Practitioner, recognised by his peers in Doyle’s Guide as a leading Wills, Estates & Succession Planning Lawyer and Litigation Lawyer.
Trusts explained
A trust can come into existence through a will or by a trust deed. Once established, it can own assets, collect income and distribute funds.
There are many different types of trusts used in Australia, including:
Family or Discretionary Trusts
Unit Trusts
Hybrid Trusts
Protective Trusts including Special Disability Trusts
Testamentary Trusts.
Each trust has its own procedures, regulations and tax considerations. The complexity of this structure, along with frequently changing taxation and regulatory regimes, means it’s an area that demands specialised and expert advice.
“We were impressed by Nathan Yii Lawyers and their detailed knowledge of estates, tax and trusts. They streamlined our structures for a smooth transition and protection of wealth in the future.”
Areas of expertise
Establishing standard or special purpose trusts
Preparing wills with testamentary trusts
Establishing and advising on the use of excepted proceeds trusts, including child maintenance, superannuation proceeds and estate proceeds trusts
Reviewing trusts to ensure compliance with financial and legal requirements
Structuring trusts to manage family law and creditor risk
Changing trustees, appointors, guardians and other officeholders of trusts
Trust disputes (for example, between beneficiaries, trustees and removals of trustees)
Asserting equitable remedies, including resulting, constructive or implied trusts in a dispute setting