Trust Deed Register of Australia ,NZ & South Pacific

Dont Lose your Trust Deed and risk higher taxes!

Things to Check in the Provisions of a Trust Deed !!!

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How to get a Trust Set up

Why Set Up a " Family Trust " or  a Trust in General ?

-Two Reasons -

(1) Protect your property and money in the event you ever get sued (ie proceedings brought against you in a Court)

(2)  To reduce tax exposure in any Jurisdiction (location) including Australia.

 For further details Please see
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Questions - Existing or Old Trust Deeds

Key Questions - What to look out for in "older Trust Deeds" and in the simple cheap Trust Deeds that can be downloaded on the Internet...............

Checklist –  Tax/Legal  & Estate Planning Issues to Look for in a Family Trust Deed

 1. Has Your Trust Deed specified how long the Trust is to last ? It is 80 years maximum in most Australian States/Territories except South Australia wher the so called "rule against perpetuities" has been abolished.

-Could invalidate or void the whole Trust if not done properly..........= Massive tax & legal problems & expense ?!

2. If there are no default or back up beneficiaries ; the property of the trust may accessible to ordinary creditors in the event of a bankruptcy...................

3.Do the Trust rules or provisions in the Trust deed allow Trust property or the entitlements to benefits from the Trust to pass in the event of the death of a main beneficiary via a will ? If not do other provisons deal effectively with the situation where the main beneficiarie(s) die ?

4. Is there sufficient power to discriminate beween accounting income and taxable income , to allow "streaming" and to adequately discrimate between capital and income so as to comply with all current tax legislation ?

5. Are Trustees automtically removed if they become bankrupt or suffer some form of incapacity ?

6. What happens when the Appointor of new Trustee(s) dies or is incapacitated ? or he becomes bankrupt etc ?

7. Is there power to amend the Trust Deed rules or provisions to cope with changes in taxes at State and Federal level or changed circumstances generally ?

8.Do the Trust Rules/Provisions  set out who benefits from

  the trust property when  the main beneficiaries die ?   

 If not , the Trust Property/Money may not be shared out fairly leading to disputes and costly court actions !


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