Trust Deeds

Patricia Holdings provides an extensive range of Trust Deeds to suit all your requirements. All Trust Deeds are prepared by a Solicitor who specialises in this area and you can have the State of Jurisdiction of your choice.

In addition, Patricia Holdings acts as an agent for the New South Wales Office of State Revenue and the Victorian State Revenue Office. If your Trust Deed has NSW or Victoria as the State of Jurisdiction, we can Duty Stamp your Trust Deeds as well. This can occur once the Trust Deed has been executed and a small fee applies for this service.

Following is a list of Trust Deed structures which we can provide for you:

Discretionary Trust Deeds (Family Trust Deeds)

This is a common form of Trust Deed, often used in tax and asset protection planning, in which Trustees can freely distribute trust income and assets to beneficiaries named in the Trust Deed. Typically, a Trust Deed will list a small number of people as nominated or specified beneficiaries and then add as general beneficiaries a wide class of people usually including linear and lateral relatives of the nominated beneficiaries, Trust Deeds, Companies and Partnerships in which the nominated beneficiaries have an interest.

Patricia Holdings offers two types of Discretionary Trust Deeds namely:

  • Standard Discretionary Trust Deeds (where charities may be beneficiaries)
  • Standard Discretionary Trust Deeds (charities excluded)

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Self-Managed Superannuation Trust Deeds 

A Self-Managed Super Trust Deed can be established with individual or corporate trustees. Flexible payout options incorporating lump sum and pension payments can be provided. All superannuation funds come with a suggested investment strategy and a Product Disclosure Statement.

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Asset Acquisition Trust Deeds

An Asset Acquisition Trust Deed is established to allow a Superannuation Trust Deed to borrow money for purchasing assets like real estate, listed securities, units in a Unit Trust Deed and even works of art. The Asset Acquisition Trust Deed holds these assets in trust for the Superannuation Trust Deed without it being exposed to the usual risks associated with borrowing money.

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Unit Trust Deeds

Unit Trust Deeds can be established as an alternative to a Company, if appropriate in your situation. Managed by trustees, assets of a Unit Trust deeds are held by the Trustee, Unit Holders own a share of the Trust Deed in accordance with the number of units held.

  • Standard Unit Trust Deed
  • Fixed Unit Trust Deed - This Trust Deed is intended to address the decision of the New South Wales Land Tax Office to permit a fixed Trust Deed to receive the benefit of the applicable tax free threshold for land tax purposes.
  • Multi-class Unit Trust Deed
  • Simple Hybrid Trust Deed

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Specialty Trust Deeds

All specialty Trusts Deeds are prepared on an individual basis but samples can be provided.

  • Deed of Confirmation of Trust
  • Charitable Trust Deed
  • Child Maintenance Trust Deed
  • Testamentary Trust Deed

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Duty Stamping of Trust Deeds

All types of trust deeds (with the exception of Superannuation Fund Deeds) established in NSW and Victoria need to be duty stamped upon establishment and execution. It takes up to ten working days to have your deeds stamped directly with the Office of State Revenue (OSR) for trusts under the jurisdiction of NSW and with the State Revenue Office (SRO) for deeds under the jurisdiction of Victoria. Alternatively, as an agent of both the OSR and SRO we can have your deeds stamped within 2 working days (If your trust deed was established in Victoria, the Victorian SRO will not issue the certificate of duty until payment has been cleared which can take a further 5 business days). We can even stamp deeds that were not set up through us. Simply send your signed deeds and the completed statutory declaration to us and we will stamp your deeds and send them back to you.

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