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How to videos
Order a Discretionary Trust
This video explains the process in ordering a discretionary (family) trust on the Smarter SMSF platform.
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What is a family trust?
What is the role of the settlor?
The settlor is usually someone unrelated to the beneficiaries of the trust, such as an accountant, lawyer or close family friend. For tax reasons, the settlor should not be a beneficiary of the trust. The settlor usually has no further involvement with the trust after the initial settlement (i.e. settled sum).
What is the role of the appointor?
The appointor is the ultimate controller of the trust as the appointor generally has the power to remove and appoint the trustee and determine the trustee’s remuneration. Generally, the person who wished to establish the trust is nominated as appointor, either alone or together with a relative or associate (e.g. husband and wife). Where multiple appointors are nominated to act unanimously the trust assets can be protected and control of the trust can be retained in case of bankruptcy, divorce and other similar circumstances.
What is the role of the trustee?
The trustee is the person / legal entity responsible for administering the trust in accordance with the terms of the trust deed. The discretionary trust deed generally gives the trustee broad investment powers (which can be added to if necessary) and the absolute discretion to make decisions and exercise powers in relation to the trust assets without having to give any reasons. The trustee is required to comply with the terms of the trust deed, Trustee Act (or similar legislation) in the relevant State or Territory of Australia where the trust is established and trust law. The trustee may be one or more individuals or a company (pty ltd) specifically setup to act as trustee.
What stamp duty is payable upon establishing the trust?
What are the types of beneficiaries?