Establishing a trust is a strategic way to manage and protect assets, offering flexibility and potential tax benefits. Whether you are setting up a unit trust or a discretionary family trust, the process requires careful planning and expert legal guidance to ensure compliance and effectiveness.

Legal Services for Trusts and Company Trustee Set-Up

Establishing a trust or a company trustee requires expert legal guidance to ensure compliance with all regulatory requirements and to protect your assets effectively. Our team of experienced trust lawyers offers a full range of services tailored to meet your specific needs.

Our Expertise Includes:

  1. Discretionary Trust Set-Up: We assist in setting up discretionary trusts, also known as family trusts, where the trustee has the discretion to decide how the trust’s income and capital are distributed among the beneficiaries. This type of trust offers flexibility in managing and protecting family assets, providing tax planning benefits, and safeguarding assets from creditors.
  2. Unit Trust Set-Up: Our team specializes in establishing unit trusts, where the trust’s property is divided into units held by unitholders. Ideal for investment purposes, a unit trust divides the trust’s property into units held by unitholders. Each unitholder’s interest in the trust is proportional to the number of units they hold, providing clear and defined ownership stakes. This structure allows multiple investors to pool their resources while maintaining clear and defined interests in the trust’s assets.
  3. Trust Deed Creation: We draft trust deeds that outline the terms and conditions of the trust, ensuring they comply with all legal requirements. Key elements include the powers and duties of the trustee, the rights of the beneficiaries, and the procedures for managing the trust’s assets. Our trust deeds are tailored to your specific needs, whether for discretionary trusts, unit trusts, or other types of trusts.
  4. Selecting Trustees: The trustee is responsible for managing the trust’s assets in accordance with the trust deed. Trustees can be individuals or a corporate entity. Choosing a corporate trustee can offer enhanced asset protection and streamlined management.
  5. Company Trustee Set-Up: We provide comprehensive services for setting up a corporate trustee, including company registration, drafting the necessary legal documents, and ensuring compliance with all regulatory requirements. A corporate trustee can offer enhanced asset protection and streamlined management of trust assets
  6. Registering the Trust: Depending on the jurisdiction, the trust may need to be registered with relevant authorities. This step ensures compliance with regulatory requirements and may involve paying stamp duty or other fees.
  7. Regulatory Compliance and Updates: Our team stays up-to-date with the latest legal and regulatory changes, ensuring your trust and trustee arrangements remain compliant. We provide ongoing support to help you navigate any legal complexities and maintain the integrity of your trust.

Why Choose Us?

  • Specialized Expertise: With extensive experience in trust law, our team is well-equipped to handle all aspects of trust set-up and management.
  • Client-Centered Approach: We prioritize your needs and goals, providing personalized legal solutions that align with your objectives.
  • Transparent and Fixed Fees: Our fixed-fee services ensure there are no hidden costs, giving you financial certainty and peace of mind.
Whether you are establishing a unit trust for investment purposes or a discretionary family trust for asset protection and tax planning, our team of experienced trust lawyers is here to guide you through every step of the process working with your accountant and financial planner. Our dedicated team is here to provide the legal support you need for a successful and compliant trust arrangement.

About Us

Corporate Overhaul is a legal, corporate, risk and compliance consulting firm based in Sydney. We partner with organisation’s from start to finish, and offer tailored legal, corporate, risk and compliance consultancy solutions to assist your business with meeting all of their legal, risk and compliance obligations.