Discretionary (Family) Trust Package

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Discretionary Trust Establishment

Form a Discretionary Trust from $140. Discretionary trusts are sometimes known as Family Trusts. This package includes all documentation needed to form a trust. These are created and stored on your dashboard in minutes. There is a bank kit included to simplify opening your trust’s bank account.

Reasons to setup a discretionary trust

In a discretionary trust (or family trust) the beneficiaries do not have fixed entitlements or interest in the trust. The Trustee decides on any amount (if any) to distribute to any of the beneficiaries. Some reasons to establish a discretionary trust may include:

  • Protection of Assets - A discretionary trust structure has asset protection advantages. The Trustee is the legal owner of any asset(s) held by the trust. A Trustee may hold the asset(s) for the benefit of the beneficiaries. This may protect the assets of the trust from creditors.
  • Flexibility – A Discretionary trust provides flexibility benefits, especially for investment income to be distributed around a family. Income from the trust can be split to potentially minimise tax obligations for beneficiaries or to provide for specific needs. Individual or company structures may not provide this flexibility.
  • Tax Benefits – The main benefit of operating through a trust is that the income may be distributed at the Trustee’s discretion. Discretionary trusts may also benefit from a capital gains tax concessions – if applicable.
  • Succession Planning – A discretionary trust can operate for as long as is specified in the trust deed, up to 80 years (subject to state laws). This enables long-term planning for the welfare of the beneficiaries.
  • Compliant Trust Deed
  • Bank Kit
  • Minutes Documents
  • 24/7 Registration
  • Blank Templates
  • No service fee for Victorian stamp duty
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from $140

Documents included with the Discretionary Trust Package

  • Discretionary Trust Deed
  • Bank Kit
  • Minutes of meeting
  • Complimentary template documents
How much does it cost to establish a discretionary trust?
The discretionary trust package starts from $140. Includes all trust documents and complimentary templates ready to be downloaded in PDF format. We offer an optional printing service that will provide you with a tabbed leather feel burgundy folder that has all your documents printed and your trust deeds professionally bound.
How long does it take to establish a discretionary trust?
The order form for a discretionary trust usually takes about 5 minutes to complete. Once your order completes, the PDF copy of the documents will be available in minutes. We will send you an email confirmation that everything is ready. If you require the full trust register, this will be carefully prepared and sent out within 1 business day and delivered using our secure couriers.
What information do you need to establish a discretionary trust?
Our complete discretionary trust checklist can be downloaded here.
Do you stamp trust deeds?
Yes, we provide a stamping service for Victorian Register Trust deeds ONLY. If you require this service, you can select it from the Add-On sidebar at the end of your order. This will provide a certificate of duty showing your trust has been stamped by the State Revenue Office.
What if my trust is not going to be registered in Victoria?
If your trust is going to be registered in any state other than Victoria, then regretfully we cannot undertake organising the stamping of those deeds. This is because every single State in Australia has slightly different requirements for stamping, and usually a different cost. Some states may not charge any stamp duty on trusts. If you order a trust that won’t be registered in Victoria, then we suggest contacting the relevant State Revenue Office (or equivalent) to find out what is required for your deeds.
Should I seek legal advice?
The summary displayed on this page is for information purposes only. Summary for discretionary trusts should be considered general in nature, and should not be a substitute for professional legal advice. You must always seek your own independent legal, financial and accounting advice about your unique situation.
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We provide high quality documentation which is carefully drafted by our in-house lawyers. Other firms provide out of the box solutions for all clients, here at Abbots we provide tailored documents based your needs. We invest time in ensuring all documents are current and compliant.

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For over three decades Abbots has remained the most competitive provider of legal documentation. We constantly review our costs and ensure that our clients are not paying more than they have too.


We provide integrations with our partners which makes ordering easier. Integration with BGL allows company file data to be exported into your software from the minute your company was incorporated.

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We provide an easy ordering process that ensures our clients can efficiently place orders. Clients can also submit handwritten orders. All forms are easily accessible under our resources tab.