Our private clients team has extensive experience in all aspects of discretionary, unit and testamentary trusts.

This includes taxation, distribution and net present entitlement issues, distribution resolution drafting, variations to trust deeds (both under a power contained in the trust deed and via Court order under the Trustee Act 1958), changes of trustees, appointment of successor appointors and guardians, general interpretation issues, and application of Duties Act 2000 exemptions.

In addition to our Smarter Law online entity trust establishment service, we have extensive experience in all aspects of trusts including:

For more information and an introduction to trusts read our Introduction to trusts.

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Emma has extensive experience in advising clients in estate planning and estate administration, trust establishment, and ongoing administration, trust...

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Private Clients| 19 Nov 2020

Trusts and the foreign person duty and land tax surcharge: act before it’s too late!

As 2020 nears to a close, advisors should note the impending 31 December deadline in NSW to exclude foreign persons as beneficiaries of discretionary trusts, to prevent these trusts from becoming foreign persons for the purposes of surcharge duty and land tax.

Insolvency & Reconstruction| 10 Jul 2019

High Court provides certainty for corporate trustees: Amerind

On 19 June 2019, the High Court delivered its judgment in one of the most hotly anticipated insolvency judgments this year, the Amerind appeal: Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth.1

Private Clients| 07 Jun 2018

Succession planning trusts

Many individuals set up discretionary trusts for asset protection and tax reasons. However, standard trust deeds rarely comprehensively deal with succession on your death or incapacity.

Private Clients| 28 May 2018

What happens to your digital wealth on death and incapacity?

The statistics relating to social media use and the extent to which our lives are online are startling. In Australia, there are 15 million monthly users of Facebook.1