from $544.50 email (inc GST)
All Specialty Trusts are prepared on an individual basis but samples can be provided.
1. Deed of Confirmation of Discretionary Trust
This can be provided if all copies of a Discretionary Trust Deed have been lost or destroyed. The Deed cites that the records have been lost/destroyed and confirms that the trustee, beneficiaries and the assets remain unchanged.
2. Deed of Confirmation of Unit Trust
This can be provided if all copies of a Unit Trust Deed have been lost or destroyed. The Deed cites that the records have been lost/destroyed and confirms that the trustee, unit holders and the assets remain unchanged.
3. Charitable Trust
These Trusts provide a vehicle for the etablishment of philanthropic Trusts that are allowed concessional taxation treatment and deductions to taxpayers for gifts to such Trusts.
Patricia Holdings offers Deeds for two kinds of Charitable Trusts:
i) Private Charitable Foundation - this type of Trust is a private charity which is not required to seek donations from the public or be controlled by a committee a majority of whom have a degree of responsibility to the general community. It can have one Trustee or a committee of Trustees provided the Trustee or one of the Trustees is a person who has a general responsibility to the community and is not associated with the founder or a major donor. This Trust must only distribute money, property or benefits to charities which have deductible gift recipient status or to establish such recipients. These Trusts are called Prescribed Private Funds.
ii) Charitable Trusts with Gift Deductible Status - this type of Trust is a public charity which is required to seek donations from the public. There are strict requirements for such a Trust to obtain and maintain Gift Deductible Status. It must be established for genuine charitable purposes within Australia. The Trustee must be a committee of persons a majority of whom have a general responsibility to the community or a company the directors of which satisfy that requirement (Patricia Holdings recommends a committee or board of at least 5). Application must be made to the Australian Tax Office (ATO) for approval as a Gift Deductible Recipient. These Trusts are called Public Charitable Trusts.
4. Child Maintenance Trust
This type of Trust is utilised after a family breakdown and pursuant to Family Court Proceedings for the maintenance of children in the family.
5. Testamentary Trust
A Testamentary Trust is in the format of a Standard Discretionary Trust but is created by a Will. First of all a Will is prepared and executed by a person wanting to establish a Testamentary Trust. The Will incorporates a Discretionary Trust for the benefit of that person's children. The Will has no effect and the Trust has no effect until such time as the person dies; however, upon the person's death the Will is administered and as a consequence the Discretionary Trust for the benefit of the children comes into existence and is then for all intents and purposes a Standard Family Discretionary Trust.
Persons contemplating establishing such a Trust must be mindful of two things, namely:-
i) the Trust has no effect and no life until such time as the person dies and the Will takes effect; and
ii) any property set aside in the Will that becomes Trust property from which income is paid to a person under the age of eighteen years (an infant beneficiary) must ultimately, when the Trust is wound up, be paid to the persons who have received the benefit of the income and as a consequence the benefit of concessional taxation treatment.
What is included in the Specialty Trusts Package?
Please note that the Stamp Duty cost is not included in the price for the Deed. This varies in each state, in NSW to get 4 copies of the Deed stamped costs $530.
Deed of Confirmation of Trust
- A4 binder
- 4 bound copies of trust
- Instruction sheet
- Statutory Declaration
Charitable Trust
- A4 binder
- 4 bound copies of trust
- Instruction sheet
- Stamping instructions
- Statutory Declaration
Child Maintenance Trust
- A4 binder
- 4 bound copies of trust
- Instruction sheet
- Stamping instructions
- Statutory Declaration
Testamentary Trust
- A4 binder
- 4 bound copies of trust
- Will
- Instruction sheet
- Stamping instructions
- Statutory Declaration
How long does it take to establish a Specialty Trust?
As these Trust Deeds are prepared personally by our solicitor to meet your individual needs, depending on the complexity of your needs these orders can take up to 2 weeks to finalise.
Once completed, documents will be delivered within 4 working hours for Sydney CBD and lower north shore areas, and will be sent by overnight courier for next day delivery to all other areas in Australia (order must be received by 4pm for delivery the next day).
Questions or further information
If you have any questions or require further information:
- Please call us on 1800 226 735
- Email
This email address is being protected from spam bots, you need Javascript enabled to view it
How to Order
Register a Specialty Trust Now
Download Child Maintenance Trust Order Form
Download Charitable Trust Order Form
Download Deed of Confirmation of Discretionary Trust
Download Deed of Confirmation of Unit Trust
Download Testamentary Trust Deed Order Form
|