Protecting Your Family's Wealth Across Generations.
A trust gives you control over how and when your assets reach your beneficiaries — protecting them from tax, creditors, and relationship breakdown. Our admitted estate planning attorney structures trusts that fit your family's specific situation.
- Testamentary trusts
- Family discretionary trusts
- Protective trusts
- Fixed-fee pricing
A note on terminology
Revocable Trusts, Living Trusts & Irrevocable Trusts — The Australian Equivalent
If you have searched for "revocable living trust", "irrevocable trust", or "living trust attorney" you have likely encountered US legal content. These are American legal concepts that do not exist in Australian law in the same form. The equivalent structures in Australia are testamentary trusts (created within your will, activated on death) and family discretionary trusts (set up during your lifetime). Australian trusts law is distinct — and the right advice comes from an admitted Australian attorney.
Three Trust Structures. One Right Fit.
The best trust for your family depends on your assets, your beneficiaries, and your goals. Our attorney will recommend the right structure after understanding your situation.
Testamentary Trust
Created within your will and activated on your death. Assets are held by a trustee for your beneficiaries, providing major tax benefits for families with minor children and protection from creditors or relationship breakdown.
The most common trust in Australian estate planning.
Family Discretionary Trust
Established during your lifetime. A trustee holds and manages assets for the benefit of a class of beneficiaries, with discretion over how income and capital are distributed. Commonly used for business and investment assets.
Effective for tax planning and asset protection during your lifetime.
Protective Trust
Designed to protect assets for a vulnerable beneficiary — someone with a disability, an addiction, or who lacks the capacity to manage money. The trustee controls distributions to safeguard the beneficiary's long-term welfare.
Essential planning for families with a vulnerable beneficiary.
Why set up a trust
What a Trust Protects Your Family From
A simple will distributes assets outright when you die. A testamentary trust holds those assets in a structure that continues to protect your family long after you are gone. The difference can be hundreds of thousands of dollars in tax savings — and significant protection in the event of a beneficiary's divorce, bankruptcy, or incapacity.
- Tax advantages — trust income distributed to minor beneficiaries is taxed at adult marginal rates, not the penalty rate
- Creditor protection — assets held in trust are generally protected from a beneficiary's personal creditors
- Relationship breakdown protection — trust assets are harder to access in family law proceedings
- Control over when and how beneficiaries receive assets
- Flexibility for trustees to respond to changing circumstances
- Protection for vulnerable beneficiaries who cannot manage money independently
Simple Will or Testamentary Trust Will?
Both are valid estate planning documents. The right choice depends on your circumstances.
Simple Will
- Assets distributed outright to beneficiaries
- Simpler and less expensive to prepare
- No ongoing trustee obligations
- Suitable for straightforward estates
- No tax advantages for minor beneficiaries
- Assets exposed to beneficiary's creditors and divorce
Testamentary Trust Will
- Assets held in trust — not distributed outright
- Significant tax savings for families with children
- Creditor and divorce protection for beneficiaries
- Trustee controls timing and amount of distributions
- Can include protective provisions for vulnerable beneficiaries
- Recommended for most families with children or assets
Trusts FAQs
Including answers to US-phrased searches and their Australian equivalents.
Set Up the Right Trust for Your Family
Our admitted Australian estate planning attorney will recommend the right trust structure for your situation and draft it correctly. Store the deed securely in Custodium Vault.
- Testamentary trusts, family trusts, protective trusts
- Fixed-fee quotes before any work begins
- Store your trust deed in Custodium Vault