There are numerous different categories of trust that are recognised by the law but the most common structure utilised for investment and business purposes in Australia is what is generally described as a ‘discretionary trust’.
This document will give an overview of features that should be included in ‘smart’ discretionary trust deeds as well as discuss in more detail some particular issues such as income streaming powers and potential problems with deeds that have inadequate amendment powers.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.