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Document Overview

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. Hence, each beneficiary is not entitled to a fixed entitlement to the trust funds. As the trustee, you will not have complete discretion in distributing the trust and you are limited to the obligations under the trust deed. A discretionary trust has various benefits; most notably, it provides significant asset protection for the beneficiaries. To lodge a trust deed within Australia, a stamp duty may be payable to the relevant revenue authority in your state/terriroty.

Use this Discretionary Trust Deed if:

  • You would like to establish a family trust; or
  • You would like to gift property or moneys to be held on trust.

What does the Discretionary Trust Deed cover?

  • 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.

Other names for Discretionary Trust Deed include:

  • Family Trust Deed; and
  • Trust Deed.
  • Icon Australiasuitable for all Australia trusts and territories
  • Calendarlast updated November 2013
  • Stopwatchunder 30 minutes
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