family trust

Family Trust Documentation Service

The team at Hindsight Legal Advisers are industry experts that have the expertise and experience to help you navigate the complex regulatory requirements that apply to setting up family trusts in Australia.

Family trusts are commonly referred to as ‘discretionary trusts’ because they effectively empower the trustee to allocate profits/losses to beneficiaries at its discretion. This type of structure may be implemented for a range of reasons including for tax, succession planning, investment structuring or asset protection purposes.

Our lawyers have established many family trusts over the past decade and have also acted for some of Australia’s largest banks and lenders that provide loans to family trusts. This dual experience gives us (and our clients) a distinct competitive advantage because not only do we have the expertise and experience to ensure the family trust is established correctly at law, we also understand the unique policy requirements of large banks and lenders when financing loans to discretionary trusts.

Our cost-effective, fixed-price family trust deed preparation services provide you with certainty, while our dedicated team of expert lawyers provide you with the comfort of meticulous due diligence and rapid turnaround times.

family trust

If you would like to go ahead and use our trust deed documentation service, please get in touch us. 

How we can help 

We offer a wide range of comprehensive services for family trusts, including the following: 

Family (Discretionary) Trust Deed: As part of our family trust deed documentation service, we draft discretionary deeds that not only compy with Australian taxation and trust laws, but also the requirements of banks and lenders – for example, ensuring that your deed has the required powers to open bank accounts and borrow money to purchase assets such as property. If your trust deed doesn’t have these powers, some banks and lenders will require you to update your deed, which can add unneccessary costs and delays.

Deed of Variation: We can draft Deeds that vary any aspect of your discretionary trust deed to correct or attend to any issues associated with your existing deed(s). We can also draft deeds that remove existing trustee(s) and/or appoint new trustee(s).

Conveyancing: Buying a property using your family trust can be complex and can result in significant costs fo you if mistakes are made during the conveyancing process. It is threfore essential that you engage a lawyer/conveyancer that understands the borrowing/purchase structure to do things correctly the first time. We are those lawyers – as part of our Buying a Property service, we provide full-service legal assistance throughout your property purchase journey – from contract review right through to settlement.

Why choose us? 

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Transparent Fixed-Pricing Structure: We implement a competitive fixed-pricing structure for all our family trust services so that you have certainty from the beginning on our legal fees 

Market Leading Knowledge: Our lawyers are highly experienced in all trust and property transaction matters, having worked at one of the largest law firms in the world and major banks, including Macquarie Bank and NAB  

Highly Acclaimed Lawyers: Our lawyers are highly acclaimed in the Australian legal industry, having been recognised by many legal publications including Lawyers Weekly and the Legal 500 

Dedicated Lawyer Managing your Trust Establishment Matter, from Start to Finish: We truly care about our clients and so, we always go the extra mile to ensure you are looked after and adequately informed throughout the process. Your matter will be managed from start to finish by your dedicated lawyer. You can contact your lawyer at any time by phone or email 

Chosen by Other Lawyers: Our lawyers are regularly contacted by other lawyers to provide advice and/or establish family trusts for their clients. This is one of our proudest achievements and reflects a trust in our legal services by others in our very own profession 

Australia-Wide Service Offering: We provide property services throughout Australia and so, can assist you regardless of where your family trust will be established. We are also one of a handful of lawyers that offer a national conveyancing service, and so if you intend to acquire property through your family trust, we can assist you with the conveyancing process (regardless of where the property is located)