Family & Discretionary Trusts

Elliot Tuthill can help you with structuring your business or investments through discretionary and family trusts. Trusts can be used:  

  • as your tax minimisation strategy; 
  • as a means of providing shared income for your family members; 
  • to minimise the risk of creditors making a claim against your assets; and 
  • to place valuable assets out of the direct control of individuals at risk of making poor decisions that may affect a number of stakeholders involved.

One type of discretionary trust is a family trust.  A trustee (frequently one of the family members) is elected to hold assets in their name for the benefit of a group of beneficiaries.  Although one or more person can be elected as trustee, so too can a company.  A corporate trustee is beneficial in terms of avoiding difficulty experienced in situations such as the death of a trustee or in circumstances where a trustee is declared bankrupt.

Elliot Tuthill can help you with: 

  • Drafting trusts 
  • Reviewing trusts to ensure they comply with financial and trust-related legal requirement 
  • Advice for your accountant to make suitable arrangements
  • Advice for structuring your trust in ways to minimise the chance of claims being made under family law or debt recovery proceedings

Should you require our assistance, please contact us.

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