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Online Legal Documents

Order a Discretionary Trust

Discretionary Trust - also called a 'Family Trust'.

$121 inc GST

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Please note the ATO has said the following regarding trustees and beneficiaries of trusts.

The Trustee may also be a beneficiary, but not the sole beneficiary unless there is more than one trustee.’  
Please click this link for more information:  https://www.ato.gov.au/General/Trusts/Trustees-and-beneficiaries/

No Foreign Beneficiaries clauses in Trust deed

In many Australian states surcharge purchaser duty and /or surcharge land tax is payable on residential land purchased by foreign persons.

A trustee of a discretionary trust is deemed to be a "foreign person" if the terms of the trust do not specifically prevent a foreign person from being a beneficiary of that trust.

If the terms of the discretionary trust prevent a foreign person from being a beneficiary, then the trustee will not be a "foreign trustee" for the purposes of surcharge purchaser duty and surcharge land tax.

To select the version of our discretionary trust deed that includes the ‘No Foreign beneficiaries’ clauses, please tick the relevant box at the end of the order input screen.

Please refer to your states Revenue Office website for more information regarding foreign purchasers surcharge tax and duty.

General information

Discretionary Trusts are among the most popular forms of trust within Australia. Discretionary trusts are used for a variety of purposes, including the following;

  • To operate small businesses where the owners do not have a commonality of interests;
  • To purchase and hold investments, particularly real property.

What you receive

  • Instructions for establishing the trust;
  • Minutes of meeting of the Directors of trustee company OR Consent to Act as Trustee document;
  • Trust deed;
  • Schedule to the trust deed;
  • Annexure to the Trust deed.

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What is a Discretionary Trust

Are you are setting up a discretionary trust for a client? Make sure they know exactly what a discretionary trust is by sending them a link to our video below.

We also have the Guide to Discretionary Trusts available in eBook and PDF format.

Check out the material below.

LED help