Discretionary Trust Deed Sample

A discretionary trust is a trust where the distribution of capital and/or income of the trust to the beneficiaries of the trust is at the discretion of you, the trustee. In a discretionary trust, the trustee has the power to determine which beneficiaries receive the property or assets from the trust and how much each is to receive. The discretionary power of the trustee is limited to a nominated class of beneficiaries that are outlined in the trust.

A discretionary trust has various benefits; most notably, it provides significant asset protection for the beneficiaries. You can use this Discretionary Trust Deed to establish a discretionary trust in any state/territory in Australia. Take a look at our sample below, to get an idea of what yours will look like.

View our Sample

Once customised, your document will look similar to our sample Discretionary Trust Deed.

What does the Discretionary Trust Deed cover?

Our Discretionary Trust Deed includes clauses setting out:

  • Establishing the trust;
  • Defining the relevant beneficiaries;
  • Distribution of income and capital to the beneficiaries;
  • Winding up of the trust;
  • Appointment of the trustee, including powers, remuneration;
  • Removal and appointment of future trustees;
  • Responsibility for financial records; and
  • A relevant indemnity.

You can create your Discretionary Trust Deed for FREE by signing up to LawPath today.

Richard Yuen

Richard Yuen

Richard is a Paralegal working in our content team which aims to provide free legal guides to facilitate public access to legal resources. With an interest in information law, his primary focus is in how the law adapts to govern the use and development of new technology in a modern environment.