Save time with your trust set up. Let us do the work for you.

A discretionary trust is a legal arrangement where a trustee holds and manages assets for the benefit of beneficiaries. It offers flexibility and asset protection, making it ideal for estate planning, tax minimisation, and asset management purposes.

See our explainer video with Damin, one of our in-house lawyers, for an explanation.

A discretionary trust deed has 4 primary parties being:

• The “Appointer” who has ultimate control of the Trust and can appoint and remove the trustee.
• The “Trustee” who manages the day-to-day operations of the Trust.
• The “Settlor” who establishes the Trust, which is an individual over the age of 18 who has no beneficial interest in the assets of the Trust. Normally this is your lawyer or accountant.
• The “Beneficiaries” who are the individuals and/or companies or charities who may have an interest in receiving benefits from the Trust when the Trustee declares (at its absolute discretion) a distribution of the Trust assets to that beneficiary.

Our assisted trust product offers end-to-end trust establishment services, including drafting of the trust deed and electronic signing. We also provide options for payment of stamp duty, incorporation of a corporate trustee (where required), and obtaining an ABN/TFN number.

The starting price for our assisted trust deed service is $1200 (excluding GST). Additional costs apply for stamp duty, and optional services such as obtaining an Australian Business Number, or incorporating a corporate trustee.

Currently, we only service clients in New South Wales, Victoria and Queensland. For other states please submit your enquiry through our Hire a lawyer services.

Yes, stamp duty fee may be required depending on your state. We can assist in processing stamp duty. The fees are:

• For NSW, $750.
• For VIC, $200.
• For QLD, $0.

Yes, our service includes one round of consultations and key term amendments to ensure the trust deed aligns with your requirements.

No, our service offers electronic signing of the trust deed, allowing for remote establishment of the trust. We can also act as a third-party witness to facilitate the process.

The timeline for trust establishment can vary depending on factors such as customisation requirements and state-specific processes. We strive to complete the process efficiently, working with you within the required timeframes. Most trusts are completed in less than two weeks.

Lawpath can assist in incorporating a PTY LTD as a corporate trustee alongside your trust setup. We will collect information for the company, including registered address details, director, and shareholder information. Additional fees apply, including setup and ASIC fees.