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Maddocks The legal information and commentary on this site is general only. Documents ordered through Cleardocs affect the user‘s legal rights and liabilities. To assess their suitability for the user, legal, accounting and financial advice must be obtained.

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Discretionary (Family) Trust Resources
Flash demo
$137.50 (inc GST)

You can create all the documents you need to set up a Discretionary Trust (often commonly known as a Family Trust). You can choose whether the trustee is to be a corporation or individuals. You should get legal advice about this. We cannot give that advice.

The document package includes:

  • Consent to act as the Trustees (and related minutes if trustee is a company)
  • the Trust Deed.

The whole process takes about 5-10 minutes. Once you've answered the questions on the Cleardocs system and paid you can instantly download the documents.

All documents are signed-off by our lawyers at Maddocks.

The Discretionary Trust structure

The Cleardocs discretionary trust is a trust under which the trust's trustee or trustees may distribute trust income or other trust property:

  • among the beneficiaries named in the schedule to the trust deed, or
  • to any one or more people who fit within the description of the general class of beneficiaries which is also set out in the schedule.

The distributions of trust income or other trust property may be made to any number of these eligible beneficiaries and in any proportion at the trustees' complete discretion.

If you require a trust in which the beneficiaries have a fixed interest in the income or other trust property, or where the class of eligible beneficiaries is restricted (say, to only blood relatives of the named beneficiaries), then you must seek legal advice. Please contact us so we may refer you to Maddocks who can provide you with a free estimate of fees for drafting a deed to suit your needs.

Cleardocs also has available a hybrid trust deed and a unit trust deed. Please see the product pages on their website for information on the trusts created by these deeds.

Questions or further information

If you have questions:

  • about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.

  • about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.

Register - start now New user? Register & login for FREE

To set up on Cleardocs, all you need to do is key in your name, industry, email and password. Then you're ready to create Cleardocs documents. It only takes a few minutes. (There's no joining fee. Just a pay per use document fee.)


Existing users wanting to start a new document, log in (top right)