Family trusts
A deed built for how you’ll use it
A family trust, or discretionary trust, lets the trustee decide each year how income and capital are distributed among beneficiaries. People use them for tax planning, asset protection, investment and succession, usually on the advice of their accountant or financial adviser.
The deed sets the rules. We draft deeds that comply with Australian trust and tax law and that give the trustee the powers banks and lenders expect, including to open accounts and borrow to buy property. Because we have acted for lenders that finance trusts, we know what they look for.
How it works
Your trust deed in three steps
- Get in touchTell us about the trust your adviser has recommended and we’ll confirm our fixed price.
- Confirm the detailsWe confirm the trustee, appointor, beneficiaries and any specific clauses your adviser wants.
- Sign and settleWe prepare the deed and guide you through signing and settling the trust correctly.
What’s included
Our family trust services
- Discretionary trust deeds that comply with trust and tax law
- Borrowing and other powers that banks and lenders expect
- A foreign beneficiary exclusion clause as standard, to help avoid surcharge stamp duty and land tax
- Deeds of variation to update or fix an existing deed
- Changing trustees or appointors
- Conveyancing for property purchased through your trust, from contract review to settlement
Why Hindsight
Why clients choose us
Fixed prices
We quote a fixed price for your deed or variation upfront.
Deeds lenders accept
We’ve acted for banks and lenders that finance trusts, so we know what they look for.
Partner-supervised, every matter
Every matter is supervised by one of our Founding Partners, and you deal with a dedicated lawyer you can call or email at any time.
One firm for the deed and the purchase
If your trust is buying property, we can handle the conveyancing too.
Our partners
Trust work led by our partners
Every family trust matter is supervised by one of our Founding Partners.
Michael Lazar
Founding Partner
Formerly NAB and Dentons. Advises banks, credit providers and SMSF lenders on regulation and structuring.
AJ Sridaran
Founding Partner
Formerly Macquarie Bank and Dentons. Legal 500 ‘lawyer to note’ in fintech and financial services regulation.
Recognised by the Legal 500 and Lawyers Weekly
Meet our partners →FAQs
Frequently asked questions
Should I set up a family trust?
That’s a tax and financial question for your accountant or financial adviser. Our service is for people who have already been advised to set one up. We prepare the deed and advise on the legal requirements.
Will my deed meet my lender’s requirements?
Our deeds include the powers banks and lenders commonly expect, such as the power to borrow and grant security. If you already have a lender, we can check their specific requirements.
Can a family trust buy property?
Yes. Some states charge surcharge stamp duty and land tax on trusts that could benefit a foreign person, unless the deed excludes them. Our deeds include a foreign beneficiary exclusion clause as standard, and we can handle the conveyancing too.
Can I change my trust deed later?
Usually, if the deed allows it. But some changes can be so fundamental that the ATO treats them as creating a new trust, with tax consequences. We’ll flag that risk before you sign.
Can you change the trustee of my existing trust?
Yes. We prepare the documents to remove and appoint trustees or appointors, following the process in your deed.
Talk to us
Ready to set up your family trust?
Give us a call and we’ll confirm our fixed price and what we need from you.