Our Lawyers has a thorough understanding of Trust Law and can provide sound advice when choosing the right trust structure to achieve your specific objectives.
There are different types of trusts available, each with unique features, advantages and disadvantages.
Some of the types of trusts include discretionary trusts, unit trusts, special disability trusts and more. Our Lawyers can advise you on any aspect of trusts and can assist you with:
- The creation and drafting of new trust deeds.
- The drafting of variation deeds where required.
- Reviewing trusts to ensure they comply with taxation and legal requirements.
Self-managed superannuation funds (SMSF’s) are also a form of trust by which the trustee holds the assets of the fund on behalf of the members of the fund.
Our Lawyers have expertise in preparing all legal documentation necessary for establishing SMSF’s including:
- Drafting SMSF’s deeds of establishment together with all required ancillary documents (membership applications, investment strategies, information memorandums, Product Disclosure Statements, consents, resolutions, etc).
- Incorporation of a company where it is appropriate to have a corporate trustee.
- Assistance with registration for an ABN and TFN with the Australian Taxation Office where required.
Should you be looking to purchase property in your SMSF once established, Our Lawyers also has the expertise to be able to assist you with the preparation of all of the documentation required to ensure that you comply with the ‘limited recourse borrowing’ rules under the Superannuation Industry Supervision Act including:
- Drafting the ‘bare trust’ deed and all ancillary documents (resolutions, Statutory Declarations for stamp duty purposes, etc).
- Incorporation of the company required to be established to hold the property as ‘bare trustee’.