Before you start: Discretionary (Family) Trust

You will find more information throughout the question interface and in our frequently asked legal questions page found under the resources menu above.

Can a sole trustee be the sole named beneficiary?

No, but the trust can exist with an additional named beneficiary. Click here to read more...

Can a trust be a named beneficiary?

No, but the trustee of a trust can. Click here to read more...

Can I use this document to replace an old or lost trust deed?

No, but you may be able to use a similar deed. Click here to read more...

Who should be the settlor of the trust?

The person who settles the trust can not receive distributions of trust income or assets. Therefore the settlor should be someone independent of the beneficiaries and trustees — such as a family friend or an adviser.

Who can be a named beneficiary?

A Cleardocs Discretionary Trust deed is suitable if you wish to name a natural person, company or incorporated association as a beneficiary. You should choose carefully because named beneficiaries may be entitled to receive trust income or property in certain circumstances. It is difficult to remove a named beneficiary without serious tax consequences for the trust.

When will my trust exist from? Can I backdate?

It depends on the specified establishment date and the execution date. Click here to read more...

Foreign purchasers of land and duty implications

Consider if a foreign person will be involved in the administration or conduct of the trust, is a beneficiary of the trust or is related to a person who has a beneficial interest in the trust. If so, and if either now or in the future this trust will acquire land in Australia, the trustee should obtain advice about whether the trust may be liable for additional stamp duty and surcharge rates of land tax.