Establish, manage, and optimise a trust arrangement

We advise on trust formation, administration, and optimisation, ensuring the structure you put in place works as intended.

A trust can protect assets, manage wealth across generations, and deliver significant tax advantages, but only if the structure is right and the trustee’s decisions are consistently made in accordance with the deed. Getting the formation wrong or administering the trust inconsistently with its terms can expose the assets to claims and tax consequences the trust was meant to prevent. We advise on trust formation, administration, and optimisation so the arrangement delivers what it was established to do.

What is involved in establishing and managing a trust in Australia?

A trust is a legal arrangement under which a trustee holds and manages assets for the benefit of one or more beneficiaries, governed with dedicated legislation for each state and territory. The trust deed is the foundational document that sets out the trustee’s powers, the nature of the trust, the class of beneficiaries, and how the trust assets are to be managed and distributed. Trusts are used for asset protection, estate planning, investment management, and tax planning, but their effectiveness depends on the deed being properly drafted and the trust being correctly administered. Common issues include deeds that are outdated or do not reflect the settlor’s intentions, trustees who make distributions without proper authority, and trusts that have not been reviewed as circumstances change. We advise on the establishment of new trusts, the review and amendment of existing trust deeds, and the ongoing administration and optimisation of trust arrangements.

What type of trust structure is right for my situation?

The right trust structure depends on your objectives, including whether the primary purpose is asset protection, estate planning, tax management, or investment pooling. Common structures include discretionary trusts, unit trusts, hybrid trusts, and testamentary trusts, each with different features under the applicable trustee legislation and tax law. We advise on the most appropriate structure for your circumstances and the key differences between the available options.

Can a trust deed be amended after the trust is established?

A trust deed can generally be amended if it contains a power of amendment, and the scope of changes that can be made depends on the terms of that power under the applicable trustee legislation. Some amendments may also require beneficiary consent or court approval. We advise on whether a proposed amendment is within the scope of the deed’s amendment power and manage the documentation required to implement it.

What are a trustee's core obligations in managing a trust?

A trustee is required to act in the best interests of the beneficiaries, exercise the powers conferred by the deed prudently, avoid conflicts of interest, and maintain proper accounts and records under the applicable trustee legislation. A breach of these obligations is a breach of trust and can expose the trustee to personal liability for any loss suffered by the beneficiaries. We advise trustees on their obligations and assist in managing the trust’s administration in a way that meets those obligations.

How can a trust be used for asset protection purposes?

A discretionary trust can provide a degree of protection for assets held in the trust from the personal creditors of the beneficiaries, because beneficiaries do not have a fixed entitlement to trust assets until the trustee exercises its discretion to distribute. The level of protection depends on how the trust was established, whether assets were transferred at full value, and whether the structure has been maintained correctly under the applicable law. We advise on whether a trust structure provides the protection you are seeking and identify any vulnerabilities in existing arrangements.

Trust deed drafted to reflect your specific intentions, not a generic template.

Trustee decisions made with proper authority and documented correctly.

Existing trust arrangements reviewed and optimised for current objectives.

A trust that is not properly established or maintained creates exposure rather than protection.

The value of a trust arrangement depends on the quality of the deed and the consistency of the administration. Getting those things right at the start, and keeping them right as circumstances change, is what determines whether the trust delivers what you put it in place to do.

A trust only protects what you have built if the deed is right and every decision under it is made correctly.

You want your assets protected and your wealth managed in a way that reaches the right people on the right terms. A trust can deliver that, but the protection it offers depends on the deed being properly drafted and the trustee’s decisions being consistently made in accordance with its terms. Getting the structure wrong, or allowing the trust to be administered inconsistently, can expose the assets to exactly the claims you were trying to avoid and create tax consequences that are difficult to reverse.

We will advise on the most appropriate trust structure for your objectives and draft a deed that reflects your specific intentions.
We will advise on the trustee's obligations and assist in ensuring decisions are properly made and documented.
We will review existing trust arrangements and advise on amendments or optimisation where the current structure no longer serves its purpose.
We will advise on the tax and asset protection implications of the structure and identify any vulnerabilities before they become problems.

You have spent years building something worth protecting, but a trust only guards what you have built if the structure and every decision made under it are consistently right.

Most people set up a trust because they want what they have worked for to reach the right people, in the right way, without being eroded by claims or tax along the way. But the protection a trust offers depends entirely on how it is structured and how it is run. A deed that does not reflect your intentions, or a trustee who makes decisions inconsistently with its terms, can expose the assets to exactly the claims the trust was meant to deflect, undoing the planning before it has had a chance to work.

What's included in your trust establishment and management service

Trust structure advice and deed drafting.
Trustee obligations and administration advice.
Trust deed review and amendment.
Asset protection and tax implications advice.
Ongoing administration and optimisation advice.

What goes wrong when trusts are not properly established or maintained?

Trusts established using generic deeds often contain provisions that do not reflect the settlor’s intentions or that fail to address the specific circumstances of the family or business. Trustees who are not advised on their obligations make decisions that exceed their powers or that are inconsistent with the deed, exposing themselves to personal liability and the trust to challenge. Trusts that are not periodically reviewed may no longer serve their original purpose and may be creating structuring problems without the trustee being aware.

Here is how we help you establish and maintain a trust that works as intended.

We advise on the structure that best fits your objectives and draft a deed tailored to your specific circumstances rather than adapted from a standard template. We advise on the trustee’s ongoing obligations and assist in managing the administration so decisions are made with proper authority and documented correctly. We review existing arrangements and advise on amendments or restructuring where the current deed no longer serves the trust’s purpose.

Three steps to establishing and managing a trust that works.

Structure right, deed tailored, administration managed correctly.

Advise and structure.

We advise on the most appropriate trust structure for your objectives and what the deed needs to address before it is drafted.

Draft and establish.

We draft the trust deed to reflect your specific intentions and manage the establishment of the trust.

Administer and optimise.

We advise on the trustee's ongoing obligations and review the arrangement as circumstances change to ensure it continues to serve its purpose.

Lawyers experienced in trust formation, administration, and optimisation across Australia.

Trust structures are often set up without detailed advice and then left to operate without review, which means problems created at formation or during administration can go unnoticed until a triggering event makes them visible. We advise on trust arrangements at every stage, from formation through to ongoing administration and restructuring, and assist in identifying and addressing vulnerabilities before they become costly.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to establish, review, or optimise your trust arrangement?

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