Recommend an online legal firm to setup a discretionary trust

Discussion in 'Legal Issues' started by thydzik, 21st Jun, 2019.

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  1. thydzik

    thydzik Well-Known Member

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    Previously I have setup a discretionary trust and corporate trustee through an accountant, and he used ntaacorporate.com.au to generate the standard documents and registrations. Even getting our name spelling wrong which was annoying. NTAA is paid member service.

    Has anyone had any success using other publicly available online services?

    So far I have found Discretionary (Family) Trust solutions
    Which for $834.50 sets up all the documents and ASIC fees, which looks pretty good.

    Any other recommendations appreciated.
     
  2. JDM

    JDM Well-Known Member

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    Cleardocs is used by a lot of lawyers and accountants
     
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  3. qak

    qak Well-Known Member

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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Why not just use a lawyer as you can get advice and a tailor made deed
     
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  5. thydzik

    thydzik Well-Known Member

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    I'm in WA, fortunately no stamp duty.

    Main requirements is of the shelf standardized deed, and then all the links arrange to set up the corporate trustee per whats standard.

    Don't really need a customized service.
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    What happens with death of both appointed without customisation?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    They'll be dead, they won't care (but the beneficiaries might).
     
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  8. thydzik

    thydzik Well-Known Member

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    Thanks Terry, definitely something to consider.

    Also read your past thread
    Strategy: Backup Appointors of Trusts
     
  9. thydzik

    thydzik Well-Known Member

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  10. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    How is the trustee changed after that?

    NTAA is not a law firm as far as I know.
     
  11. thydzik

    thydzik Well-Known Member

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    The trustee doesn't need to change once directors change?
    Or the Trustee (Company) acts as Apointor and changes the Trustee.[/QUOTE]
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    [/QUOTE]

    What happens if the appointor dies, there is no new appointor but the child inherits the shares of the trustee company. So far all good.

    Now what happens if the child becomes bankrupt?
    The trustee in bankruptcy of the child becomes the shareholder, stepping into the shoes of the bankrupt. A new director would be appointed - them or an associate.

    They then make the bankrupt child presently entitled to all of the income and capital of the trust and the creditors get their hands on the trust's assets.