Best Trusts Lawyers in Australia

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Bennett & Philp
Brisbane, Australia

Founded in 1984
70 people in their team
English
Who we areBennett & Philp are lawyers who understand the real world. We offer practical legal solutions across every stage of life and business and with multi-disciplinary experts across five practice areas - Business Advisory, Intellectual Property, Disputes...
DBH Lawyers
Salisbury, Australia

Founded in 1970
30 people in their team
English
When you need a lawyer, DBH is with you and for you.Most people donโ€™t need a lawyer very often in life. When you do itโ€™s usually because something difficult has happened. Our team is here for you every step of the way.We listen to your storyWe help you work out your optionsWe give you...
Legal Solutions-Brown Rebecca
Launceston, Australia

Founded in 2008
3 people in their team
English
Rebecca was educated locally at the Launceston Church Grammar School before accepting a scholarship to study the combined degree of a Bachelor of Arts (English major) and Bachelor of Laws at the University of Tasmania in Hobart. Rebecca graduated in 1996 and was admitted to the degree of Bachelor...
Stacks Collins Thompson
Hornsby, Australia

Founded in 1931
500 people in their team
English
About usStacks Law Firm is a dynamic group of law firms which together offer a wide range of legal services throughout NSW, QLD and ACT. Each firm is an independent, incorporated legal practice but by working together the group can offer a higher level of service across a wider geographical area....
Elamine Lawyers
Preston, Australia

Founded in 2014
10 people in their team
English
About usExceptional track record in dealing with top tier, mid tier and suburban level commercial and boutique firms, we haven't missed a beat. Thankfully we have been able to digest complex and robust legal conundrums in property & trust laws, commercial law and family law. Having worked for...

Founded in 2023
25 people in their team
English
Pioneer Global Education and Migration Service operates as a specialist education and migration consultancy registered in Australia, led by MARA-registered agents and qualified education counsellors. The firm focuses on visa strategy and study-abroad placement for clients pursuing pathways to work,...
Zed Legal Australia
Athelstone, Australia

English
Zed Legal Australia is a bilingual, dual-jurisdiction law practice that provides legal services across Australia and the United States. The firm maintains a local presence in South Australia and in California, and its founder and managing attorney, Bruno Confalone, is admitted in multiple...
WMM Law
Hobart, Australia

Founded in 2018
9 people in their team
English
WMM Law Hobart, a high quality provider of expert advice and solutions to private clients.  Voted one of the top 35 Boutique Law Firms in Australia 2021 by publication Australasian Lawyer, and listed as one of the Leading Wills & Estates Litigation Law Firms in Tasmania 2021 in Doyleโ€™s...
Bell Lawyers
Penrith, Australia

Founded in 1984
10 people in their team
English
About UsBell Lawyers was established in Penrith in 1984 and since that time has been providing quality legal services to the people of Western Sydney including country and regional NSW.Our firm has achieved a reputation for excellence, commitment, integrity and professionalism.Personal referrals...
City Lawyers & Consultants
Chatswood, Australia

Founded in 2001
10 people in their team
English
About Us We are a Sydney based law firm providing service to clients across NSW. Our senior lawyers have knowledge and expertise to resolve claims cost effectively so our clients could receive substantial payouts.We achieve bigger compensation amounts for our clients because the claims in our...
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About Trusts Law in Australia:

Trusts are a common legal structure in Australia used for a variety of purposes, such as asset protection, estate planning, and tax minimization. A trust involves the legal transfer of property or assets to a trustee, who manages them for the benefit of one or more beneficiaries. Trusts can be discretionary trusts, unit trusts, hybrid trusts, or testamentary trusts, each with its own set of rules and regulations. Trusts law in Australia is governed by both common law and legislation, such as the Trustee Act 1925 and the Income Tax Assessment Act 1936.

Why You May Need a Lawyer:

There are several situations where you may require legal assistance with trusts in Australia, such as creating a trust deed, setting up a trust structure, understanding your rights and obligations as a trustee or beneficiary, resolving disputes within a trust, or seeking advice on tax implications of a trust arrangement. A lawyer specializing in trusts law can provide valuable guidance and ensure that your interests are protected.

Local Laws Overview:

In Australia, trusts are subject to a range of laws at both the state and federal levels. Some key aspects of local laws that are particularly relevant to trusts include trustee duties and responsibilities, tax implications of trust distributions, the validity and enforceability of trust deeds, and the rules governing the removal or replacement of trustees. It's essential to understand these laws to ensure compliance and avoid potential legal issues.

Frequently Asked Questions:

1. What is a trust deed?

A trust deed is a legal document that establishes the terms and conditions of a trust, including the rights and obligations of the trustee, beneficiaries, and settlor, as well as the rules for administering the trust.

2. Who can be a trustee of a trust?

Any individual or company can be a trustee of a trust, as long as they are legally competent and not disqualified under the law.

3. What are trustee duties and responsibilities?

Trustees have a fiduciary duty to act in the best interests of the beneficiaries, manage the trust property prudently, keep accurate records, and comply with the terms of the trust deed.

4. How are trust distributions taxed in Australia?

Trust distributions are subject to tax at the beneficiary's marginal tax rate, with potential franking credits for certain types of income. The trustee is responsible for reporting and paying tax on behalf of the trust.

5. How can I change the terms of a trust deed?

Changing a trust deed typically requires the consent of all the trustees and beneficiaries, as well as compliance with any relevant legal requirements set out in the trust deed or legislation.

6. Can a trust be challenged in court?

A trust can be challenged in court on various grounds, such as fraud, undue influence, mistake, or lack of capacity, but the process can be complex and may require legal assistance.

7. What is a testamentary trust?

A testamentary trust is a trust established in a will that comes into effect upon the death of the testator, often used for estate planning purposes to protect assets and provide for beneficiaries.

8. How can I protect my assets through a trust?

Setting up a trust can help protect your assets from creditors, legal claims, and inheritance disputes, but it's essential to seek legal advice to ensure the trust structure is legally sound.

9. What is a charitable trust?

A charitable trust is a trust set up for charitable purposes, such as supporting a specific cause or organization, and may qualify for tax benefits under Australian law.

10. How can I dissolve a trust?

Dissolving a trust requires the consent of all the trustees and beneficiaries, as well as compliance with any legal requirements set out in the trust deed or relevant legislation. It's advisable to seek legal advice to navigate this process effectively.

Additional Resources:

For more information on trusts law in Australia, you can consult the Australian Taxation Office (ATO) website, the Australian Securities and Investments Commission (ASIC), or seek guidance from a reputable law firm specializing in trusts and estate planning.

Next Steps:

If you require legal assistance with trusts in Australia, consider contacting a trusts lawyer or solicitor who can provide tailored advice and guidance based on your specific circumstances. Be prepared to provide relevant documents, such as the trust deed, financial records, and any relevant correspondence, to help the lawyer assess your situation effectively.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trusts, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.