Discretionary Trust

Document Shop

Order Online View Trust Q & A

Setup your Discretionary Trust with Document shop.

With prices starting at $231 (including GST)

You will receive:
- Trust deed
- Nomination form for default beneficiaries
- Trustee’s resolution (individual trustees) or?? minutes of meeting of the trustee company or sole director’s resolution (corporate trustee)
- Blank nomination and revocation forms for the default beneficiaries
- If you choose Hard Copy delivery ??? a binder

Order Now

Document shop Delivery options

*Prices are GST inclusive. Prices do not include any stamp duty that may be payable.

DIY Print $231*

DIY Print ??? We will deliver all documents to you via e-mail.

DIY Print & CD $253*

DIY Print & CD – We will deliver all documents to you via e-mail & a copy on CD.

Hard copy $275*

Hard copy ??? We will print, bind and deliver all documents to you in a binder via courier.

Online Order Form

Discretionary Trust

Step 1 of 9 - Your Details

Name
First Last
Organisation
ACN/ABN
Address
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
Phone
Email

Delivery Options*
Note: Prices are GST inclusive. Prices do not include any stamp duty that may be payable.
- DIY print - Please deliver all documents to me via e-mail: $341
- Hard copy - Please print, bind and deliver all documents to me in a binder via courier: $407
Total
$ 0.00

Name of Trust
Settlor*
First Middle Last
Settlor Address*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
Initial sum:*

Trustee*
Individual(s) or corporate trustee?
- Individual(s) (over 18 years old and not the Settlor)
- Company
Individual Trustee(s)*
Full Name Address
Trustee Company
Company Name ACN
Company Address:
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Primary Beneficiary/Beneficiaries*
Our Trust Deed is drafted to include a wide range of beneficiaries. The beneficiaries of the Trust Fund are defined by reference to their relationship with the Principal Beneficiary/Beneficiaries.
Full Name

Appointor*
The Appointor has the power to remove and appoint Trustees. The Appointor must have consented to their appointment.
Full Name Address

Default Beneficiary/Beneficiaries
The Trust Deed makes provision for default beneficiaries. If the trustee fails to make a determination to distribute the income of the Trust in any year then the default beneficiary or beneficiaries from time to time will be entitled to the income. Whether or not it is appropriate for there to be default beneficiaries and who they should be will depend on the circumstances of the beneficiaries from time to time. A nomination can be changed from time to time. If no default beneficiaries are nominated, some or all of the undistributed income will be treated as having been accumulated which may have adverse income tax consequences.
Full Name Address

State Jurisdiction*
Which jurisdiction's laws will apply to the trust?
Stamping
The Trust Deed must be stamped in the relevant jurisdiction. Note - In South Australia, deeds are exempt and no longer required to be stamped.
Do you require us to arrange stamping of the Trust Deed on your behalf?*
- Yes (NT) - additional fee of $69.00 (including stamp duty of $25 (GST free))
- No - I/we undertake to lodge the Trust deed for stamping and pay the mp duty in the relevant jurisdiction
Order Total
$ 0.00

Would you like us to include your logo on the documents?
- Yes
- No
Logo Upload
Accepted file types: jpg, gif, png, pdf.
Other Requirements
(if any)
Acceptance of Terms and Conditions*
- By ticking this box, I/we acknowledge that I/we have read and agree to the Document Shop Pty Ltd terms and conditions and acknowledgement [available on our website at www.documentshop.com.au or contact us on 08 7423 6868 or info@documentshop.com.au and we will e-mail or post a copy to you].
Order Total
$ 0.00
Credit Card

American Express
Discover
MasterCard
Visa
Card Number Expiration Date Security Code Cardholder Name

Q & A ??? Discretionary Trusts

The questions and answers below are for information purposes only and are not advice. You should arrange your own legal, accounting, financial and other advice.

What is a Discretionary Trust?

A Discretionary Trust is generally a trust under which the Trustee has a wide discretion in relation to dealings with the trust property and as to whether and to which beneficiaries to distribute the income and capital of the trust. Until the trustee exercises it???s discretion, the beneficiaries generally have no interest in the trust property. The most common type of discretionary trust is the family trust which is a discretionary trust established for the benefit of members of a family (for tax reasons a family trust means a trust that has made a family trust election).

When is a discretionary trust created?

A Discretionary Trust is created when the ???Settlor??? gives the trustee money or property to be held on trust for the benefit of the beneficiaries. The ???initial sum??? is the original trust fund.

Who can be a Beneficiary?

A Discretionary Trust is created when the ???Settlor??? gives the trustee money or property to be held on trust for the benefit of the beneficiaries. The ???initial sum??? is the original trust fund.

Who can be a Beneficiary?

Our Discretionary Trust Deed is drafted to include a wide range of beneficiaries by reference to their relationship with the Primary Beneficiary. The Primary Beneficiary is usually the person setting up the trust for the benefit of their family, eg. the husband and wife of the family.

Briefly, Beneficiaries include:

(a)?????? the Primary Beneficiary;

(b)?????? each spouse of the Primary Beneficiary;

(c)?????? each child, grandchild or great-grandchild of the Primary Beneficiary or of a spouse of the Primary Beneficiary;

(d)?????? each parent, brother, sister, nephew and niece of the Primary Beneficiary or of a spouse of the Primary Beneficiary;

(e)?????? each spouse of each of the persons described in paragraphs (c) and (d);

(f)???????? each trust in which any of the persons described in paragraphs (a) to (e) inclusive is a beneficiary;

(g)?????? each corporation of which any of the Beneficiaries is a shareholder or a director, or in which at least one share is beneficially owned by any of the beneficiaries;

(h)?????? each trust in which any of the beneficiaries is a beneficiary; and

(i)?????????? any Charity;

Beneficiaries may include people or entities even if that person was not born or entity not in existence at the time the Trust is created.

Beneficiaries do not include:

the Settlor and any child of the Settlor for so long as that child is under the age of 18 years; or
any person or corporation which is or becomes insolvent for so long as that person or corporation remains insolvent.

You may want to consider excluding certain persons from the definition of Beneficiaries. For example, in some circumstances deeming rules in the Social Security legislation may make it necessary to exclude certain persons who are currently or intend in the future to receive Centrelink benefits.

Please advise us in the ???other requirements??? section of our order form if there are any persons or entities you want excluded from the general definition of Beneficiary.

What is a Trustee?

The Trustee is the legal owner of all trust property (the potential beneficiaries are the beneficial owners). The Trustee administers the trust fund and determines how much income and capital is to be distributed and when it is to be distributed.

The Trustee can be a company, one or more individuals, or a combination of them.

What is an Appointor?

The Appointor effectively controls the Trust as the Appointor has the power to appoint and remove trustees. The Appointor may be an existing trustee, a beneficiary or any other third party.

What is a Settlor?

The Settlor is the person who initially gifts a sum of money or property to the trustee to establish the trust. The Settlor must be over 18 years of age and must be independent of the trustee and the beneficiaries. The Settlor can not be the Trustee, the Appointor or a potential beneficiary.?? Other than making the original gift of money or property, the Settlor has no other legal obligations. The Settlor is not responsible for the Trustee???s actions

What is a default beneficiary?

A default beneficiary or beneficiaries can be appointed so that if the trustee fails to make a determination to distribute the income of the Trust in any year then the default beneficiaries will be entitled to the income.

Whether or not it is appropriate for there to be default beneficiaries and who they should be will depend on the circumstances of the beneficiaries from time to time.?? A nomination can be changed from time to time.?? If no default beneficiaries are nominated, some or all of the undistributed income will be treated as having been accumulated which may have adverse income tax consequences.

Discretionary Trust

Setup your Discretionary Trust with Document shop.

Document shop Delivery options

DIY Print $231*

DIY Print & CD $253*

Hard copy $275*

Online Order Form

Discretionary Trust

Step 1 of 9 - Your Details

Stamping

Q & A ??? Discretionary Trusts

What is a Discretionary Trust?

When is a discretionary trust created?

Who can be a Beneficiary?

What is a Trustee?

What is an Appointor?

What is a Settlor?

What is a default beneficiary?

Features of our Discretionary Trust package?

All documents to establish the trust

Our documents are easy to read and understand.

You decide how you want the documents delivered to you and therefore how much you pay.

Our Discretionary Trust Deed includes:

We give you a choice of us arranging stamping of the deed (in SA or NT), or you can arrange it.

We prepare your documents and call you if we have any questions.

We can include your logo.

Fast delivery by e-mail or courier.

Full Name	Address

Company Name	ACN

Full Name

Full Name	Address