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Discretionary (Family) Trust - from $159

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PRODUCT INFORMATION

FULLY PROVISIONED DISCRETIONARY (FAMILY) TRUST DEEDS

The Topdocs discretionary (family) trust deed has been carefully reviewed and updated to facilitate an extensive number of effective tax management and estate planning strategies.

The discretionary (family) trust deed contains appropriate (Bamford) income streaming provisions, flexible appointor options, allows for a very wide range of beneficiaries, and is drafted to minimise stamp duty risks relating to certain states and territories. View the Key Features of the Topdocs Discretionary Trust.

download Review the Discretionary (Family) Trust order checklist download See the list of documents you will receive

EASY ONLINE ORDERING

Topdocs makes the process of ordering your trusts quick and easy. Through our single online application form, you have the option to:

  • register the corporate trustee directly with ASIC;
  • establish the trust;
  • populate a cash management account application for the trust;
  • have your ABN and TFN application fully populated online with the Australian Business Register, free of charge; and
  • have your deed stamped electronically (VIC only).

NOW WITH AUTOMATED ABN AND TFN REGISTRATIONS

Applying for an Australian Business Number and Tax File Number with the ATO can be a time consuming process.

What if we could give you back the time it takes to apply for an ABN and TFN when you set up a new trust, SMSF or company?

Well the great news is – we can. Topdocs, through our link with the Australian Business Register, now automatically pre-populates your entire ABN and TFN application for you as part of our online application, free of charge, when you set up your new trusts, SMSFs and companies with us. Imagine the time savings!

You simply review the ABN application online and submit it – without having to enter any client information!

download Download our step by step instructions for Trusts

SET UP A CMA WITH YOUR TRUST

Topdocs has integrated with NAB to enable you to create a NAB Cash Manager Account (CMA) application at the same time as establishing your trust.

Our NAB integration pre-populates both the CMA application form and the trustee identification forms for you to lodge with NAB.

Read more

EVERYTHING YOU NEED TO ESTABLISH YOUR TRUST

The Topdocs discretionary trust package provides your clients with all required documents to commence the family trust including important information regarding the stamping of their documents, and their responsibilities in maintaining the trust. Your discretionary trust is provided by email or in a professional binder if full service delivery is selected.

TRUSTS DRAFTED STATE BY STATE

Topdocs discretionary (family) trusts are drafted on a state by state basis, ensuring the relevant perpetuity period applies to your client’s trust.

WHY ORDER A TOPDOCS DISCRETIONARY (FAMILY) TRUST?

  • Quality trust deed that provides extensive estate planning and tax management strategies including broad appointor provisions and a very wide range of beneficiaries
  • Fully provisioned for income streaming
  • Easy online ordering, with the option to order a corporate trustee at the same time and to have your ABN and TFN application fully populated, free of charge
  • Optional overnight delivery with your discretionary trust documents bound in a quality binder
  • Supported by the specialist trust lawyers at Topdocs Legal
  • You can add your logo to your trust documents (for free) and promote your practice to clients

MORE INFORMATION

You can learn more about the Topdocs Discretionary (Family) Trust documentation in the RELATED INFORMATION tab.

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

ORDERING OPTIONS

ORDER ONLINE

Order your document online in three easy steps:

  1. Login or Join the Topdocs Document Portal
  2. Select your document
  3. Follow the prompts and you're done!

 

LOGIN

 

If you haven't used the Topdocs Document Portal before, you can join by clicking on the JOIN FREE button and following the prompts.

ORDER BY FORM

Order your document by completing the form below and returning it to us by email or fax.

 

 

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

PRICING

 

ADVISER^
(inc GST)

RETAIL
(inc GST)

INSTANT EMAIL DELIVERY


  • your document is emailed to you immediately once your order is complete and payment has been made

$159


 

$187


 

FULL SERVICE DELIVERY


  • your document is professionally printed and bound, reviewed by our legal team where required, then delivered to you by express post
  • delivery is generally the next day

$252


 

$297


 

adviser pricing ^ Adviser pricing is available to accountants, financial planners, SMSF specialists and legal practitioners. This pricing is automatically applied when you join Topdocs and sign into the Document Portal to order your documents.

 

YOUR DELIVERY OPTIONS

When you order a document you can select how you would like it delivered to you. Your options are:

INSTANT EMAIL DELIVERY

  • your document is emailed to you immediately once your order is complete and payment has been made
  • instant email delivery orders are also made available to download from the Completed Orders section in the Document Portal

FULL SERVICE DELIVERY

  • your document is professionally printed and bound, reviewed by our legal team where required, then delivered to you by express post

 

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

RELATED INFORMATION

MORE INFORMATION

Outlined below is additional information relating to the document you have chosen.

Estate Planning and Family Trusts ... [more]

Your Will can only do so much, as company or trust assets are not part of your estate. Family discretionary trusts (simply referred to as “family trusts”), in particular, bear a close look when using them as part of your estate planning. Family trusts can be important asset protection vehicles should you be concerned about the potential of a challenge against your Will, or the prospect of bankruptcy. Proper maintenance of your trust records is essential.

If you have a corporate trustee of your family trust, retain the last annual return or your ASIC records detailing the current company directors and shareholders. It is also important to retain a records of any special rights attaching to the company shares (for instance, whether additional voting rights have been conferred).

This is because the control of the corporate trustee is maintained through the shareholders who appoint the company directors. Company constitutions often contain a clause acknowledging that the deceased shareholder’s legal personal representative is the only person authorised to deal with the shares. As a result, the Executor or Executors appointed under your Will can potentially control the corporate trustee (subject to the office of Appointor of the trust, discussed below).

You also need to retain an up-to-date, stamped trust deed. Any variations must also be retained to provide a complete document. It is vital to read and understand the trust deed, as it is the source for the powers and responsibilities of the trustee and for the tax-effective distribution of trust assets.

The trust’s records must include the balance sheet setting out the trust assets (remember, these are not assets that you personally own, and therefore your Will cannot direct how they will be distributed).

However, the balance sheet may also show undistributed beneficial entitlements or beneficiary loan accounts that have arisen due to the exercise of the trustee’s discretion to distribute capital and/or income from the trust. If so, then such items are no longer trust assets and have now become assets belonging to the appointed beneficiary of the trust. If you, as the will maker, are one of the beneficiaries, then your trust entitlement will form part of your estate and can be dealt with through your Will.

Family trust deeds often have an Appointor and/or Guardian as officers of the trust. The Appointor (and the Appointor’s successors) will retain ultimate control over the trust as it is the Appointor who has the power to appoint, remove and replace the trustee of the trust (even a corporate trustee). If the trust deed does not name specific successors to an Appointor who dies or who loses capacity, then the deed often contains a provision to allow the Appointor’s legal personal representative to take over upon the death or incapacity of the Appointor. This means that the Executor or Executors appointed under your Will would ultimately control the trust.

A Guardian’s role is to oversee the exercise of the trustee’s discretion. A trust deed can also provide that the Guardian’s legal personal representative take over upon the Guardian’s death or incapacity. Remember also that generally a trust has a limited lifespan (known as the Rule Against Perpetuities). In all states but South Australia, the maximum life of a trust is 80 years. This would impose a limit upon the effective use of the family trust as a vehicle for estate planning. However, it is worth noting that, although South Australia has abolished the Rule Against Perpetuities, s 62 of the Law of Property Act 1936 (SA) provides that 80 years after the date of a disposition, parties may apply to the court for orders to vary the disposition so that any remaining unvested interests will immediately vest. Alternatively, if interests under a disposition are unable to vest or are unlikely to vest within 80 years, then s 62 allows the parties to apply to the court to vary the terms of a disposition to ensure that those interest will vest within 80 years anyway. Therefore, the application of s 62 of the Law of Property Act 1936 (SA) achieves a similar final result as the Rule Against Perpetuities.

As one final point, you may want to arrange for a Deed of Vesting of the family trust that to wind up the trust upon your death to ensure that the trust assets will form part of your estate (and therefore be controlled through your Will). However, this is a particularly complex area, and consideration must be given to potential CGT, stamp duty and even GST liabilities upon winding up the trust.

download Download the Topdocs Estate Planning and Family Trusts information sheet

 

The Topdocs Discretionary (Family) Trust ... [more]

The Topdocs Discretionary (Family) Trust provides a range of features and benefits. You can learn more about the Topdocs Discretionary (Family) Trust in the document below.

download Download the Topdocs Discretionary (Family) Trust information

 

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.