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Strategic Discretionary Trust Deed Review - $550

PRODUCT INFORMATION

Trusts can have a life of up to 80 years in most States or Territories and, over time, changes in legislation, case law and general industry strategic changes can impact the effectiveness of trust deeds.

Topdocs, in conjunction with Topdocs Legal, provides a strategic review of discretionary trust deeds to determine whether five important aspects are covered in the trust deed and, if not, whether and how the trust deed could be improved for the current discretionary trust environment.

The five key areas examined are:

  • the ability to stream capital gains or franked dividends (i.e. provisions related to the Bamford decision and related features for income distribution);
  • the position of trustee in relation to survivorship and continuity, decision making between joint trustees, vacation of the position due to mental impairment and incapacity and the process to appoint new or successor trustees;
  • the appointor/guardian succession provisions in relation to appointment and removal of the position, ability to nominate successors upon death or incapacity, decision making between joint appointors and determining mental impairment or incapacity;
  • the vesting date provisions;
  • the provisions concerning the exclusion of foreign beneficiaries in relation to the stamp duty surcharges applicable in VIC, NSW and TAS and the land tax surcharges in NSW.

YOUR COMPRESHENSIVE REPORT

Once the trust deed has been examined, Topdocs Legal will provide a comprehensive report which will outline in detail, in respect to the five aspects outlined above,

  • whether each of those aspects could be considered to meet, in our experience, current best practice ideals; and
  • if not, for each:
    • an outline of the reasons for arriving at that conclusion; and
    • a suggestion as to what changes are recommended; and
  • the cost of attending to the recommended changes to the particular discretionary trust deed.

RESETTLEMENT AVOIDED

Care needs to be taken when amending a discretionary trust deed to ensure there will not be any suggestion that the amendments have caused a resettlement of the trust.

We will consider the possibility of any suggested amendment causing a resettlement when arriving at our recommendations, to ensure any amendments recommended, and subsequently made, do not cause a resettlement of the trust.

MORE INFORMATION

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

ORDERING OPTIONS

ORDER MULTIPLE REVIEWS

Order multiple Strategic Discretionary Trust deed reviews by completing our easy-to-use spreadsheet.

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


  • due to the complex nature of this review service, the associated recommendation report is only available via full service delivery

Not Available


Not Available


FULL SERVICE DELIVERY


  • your review checklist will be provided to you via Toll Courier

$550


$660


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:

FULL SERVICE DELIVERY

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

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

RELATED INFORMATION

MORE INFORMATION

No Additional Information is available for this document.

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