Specialty Trust Deeds

from $572 (inc GST) for email version

All Specialty Trust Deeds are prepared on an individual basis but samples can be provided.

1. Deed of Confirmation of Discretionary Trust Deed

This can be provided if all copies of a Discretionary Trust Deed have been lost or destroyed. The Trust 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 Deed

This can be provided if all copies of a Unit Trust Deed have been lost or destroyed. The Trust Deed cites that the records have been lost/destroyed and confirms that the trustee, unit holders and the assets remain unchanged.

3. Charitable Trust Deed

These Trust Deeds provide a vehicle for the establishment of philanthropic Trust Deeds that are allowed concessional taxation treatment and deductions to taxpayers for gifts to such Trust Deeds.  

Patricia Holdings offers Trust Deeds for two kinds of Charitable Trust Deeds: 

i) Private Charitable Foundation - this type of Trust Deed 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 Deed must only distribute money, property or benefits to charities which have deductible gift recipient status or to establish such recipients.  These Trust Deeds are called Prescribed Private Funds.

ii) Charitable Trust Deeds with Gift Deductible Status - this type of Trust Deed is a public charity which is required to seek donations from the public.  There are strict requirements for such a Trust Deed 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 Trust Deeds are called Public Charitable Trust Deeds.

4. Testamentary Trust Deed

A Testamentary Trust Deed is in the format of a Standard Discretionary Trust Deed but is created by a Will. First of all a Will is prepared and executed by a person wanting to establish a Testamentary Trust Deed. The Will incorporates a Discretionary Trust Deed for the benefit of that person's children. The Will has no effect and the Trust Deed 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 Deed for the benefit of the children comes into existence and is then for all intents and purposes a Standard Family Discretionary Trust Deed.

Persons contemplating establishing such a Trust Deed must be mindful of two things, namely:-

i) the Trust Deed 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 Deed property from which income is paid to a person under the age of eighteen years (an infant beneficiary) must ultimately, when the Trust Deed 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.

5. Child Maintenance Trust Deed

This type of Trust Deed is utilised after a family breakdown and pursuant to Family Court Proceedings for the maintenance of children in the family.

 

What is included in the Specialty Trust Deed Package?


Deed of Confirmation of Trust

  • A4 binder (white or grey)
  • 4 bound copies of trust
  • Instruction sheet
  • Statutory Declaration

Charitable Trust Deed

  • A4 binder (white or grey)
  • 4 bound copies of trust
  • Instruction sheet
  • Stamping instructions
  • Statutory Declaration

Testamentary Trust Deed

  • A4 binder (white or grey)
  • 4 bound copies of trust
  • Will
  • Instruction sheet
  • Stamping instructions
  • Statutory Declaration

Child Maintenance Trust Deed

  • A4 binder (white or grey)
  • 4 bound copies of trust
  • Instruction sheet
  • Stamping instructions
  • Statutory Declaration

 

Optional Extras:

  • Deluxe Black Folder ($33 extra)

How long does it take to establish a Specialty Trust Deed?

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.

 

How to Order

> Register a Specialty Trust Deed Online Now

> Register a Deed of Confirmation of Discretionary Trust Deed by Email/Fax

> Register a Deed of Confirmation of Unit Trust Deed by Email/Fax

> Register a Charitable Trust Deed by Email/Fax

> Register a Testamentary Trust Deed by Email/Fax

> Register a Child Maintenance Trust Deed by Email/Fax