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Home arrow Trusts
Trusts PDF Print
Trusts

What is a Trust?
A Trust can be established for a wide range of reasons, but mainly a Trust is utilised to ensure a smooth transfer of assets whilst you are alive or after your death.  A Trust is often set up for family members, dependents and/or friends.   A Trustee (or Trustees) is appointed by you to manage the Trust.  In most cases a Trustee will be a family member, friend or lawyer – someone you can depend on to be responsible with this power and can be relied upon on to follow your plan.  

What does a Trust involve?
  • Specific directions for asset and/or business transfer 
  • Preventing unacceptable use of assets
  • Setting up long-term asset management on behalf of Beneficiaries
  • Providing optimal asset management for Beneficiaries unable to manage themselves ie: children or disabled dependents etc.
  •  Allows you to share your assets while still alive and keep a measure of control
  • Tax minimisation for Beneficiaries / Tax benefits for small business  

Types of Trusts

  • Testamentary Trusts; take effect upon the death of the Will maker
  • Living Trusts/Inter-vivos; take effect whilst Will maker still alive
  • Charitable Trust; all assets go to charity      
  • Discretionary Trusts; Trustee decides how assets are divided  

Taxes and Trusts 
A Trust can be set up to: 

  • Minimise Tax on assets, during and after your life
  • Minimise Capital Gains Tax for beneficiaries
  • Minimise Tax on superannuation
  • Receive Tax benefits for small business
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© Tony Kelly Lawyer & Advisor 2007 All Rights Reserved