Best Trusts Lawyers in Australia

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Sceales Lawyers
Perth, Australia

Founded in 1994
10 people in their team
English
WHO WE ARESceales Lawyers is a Perth-based law firm established in 1994 by Robert Sceales.We advise principally in relation to taxation, general commercial, trusts, wills and estate matters.Our clients include accountants, solicitors, large and small private and public companies, family businesses,...
Abetz Curtis
Hobart, Australia

Founded in 1987
50 people in their team
English
About usEstablished in 1987 by Roger Curtis in Hobart, Tasmania, Abetz Curtis Lawyers has grown to become the modern, progressive practice it is today, offering our clients a range of services across a broad spectrum of legal areas. Our lawyers understand the variety and complexity of legal issues...
Peaston Legal Pty Ltd
Wahroonga, Australia

Founded in 2016
10 people in their team
English
The principal of Peaston Legal Pty. Ltd. is David Peaston. A member of the Law Society of New South Wales, he is a solicitor with extensive commercial experience. He has owned  and managed a range of medium and small businesses including manufacturing, boutique hotel and...
Furler & Co
Clare, Australia

Founded in 2016
25 people in their team
English
Tania Furler BEd LLB (Hons) GDLPTania Furler is the Principal Solicitor of Furler & Co Barristers  and Solicitors. Tania graduated with a Bachelor of Laws with Honours  from the University of Adelaide. She is admitted as a Barrister and  Solicitor of the Supreme Court of South...
Greg Smith & Co
Wynyard, Australia

Founded in 2000
5 people in their team
English
About UsEstablished in 2000 following a name change of a firm which has been on site since 1970, Greg Smith & Co has focused on continuing the firm's tradition of providing Wynyard and surrounding areas with common sense legal advice.Our goal is to continue to develop relationships with the...
Barry & Nilsson
Brisbane, Australia

Founded in 1963
300 people in their team
English
About UsWe don't claim to do everything.Barry.Nilsson. is a national law firm with a reputation for leadership in the areas of Insurance & Health Law, Family Law and Wills & Estates. The firm has offices in Brisbane, Sydney, Melbourne, Adelaide, Perth and Hobart. We are continually...
McGrath & Co Lawyers
Burnie, Australia

Founded in 1800
3 people in their team
English
OUR HISTORYProviding realistic, practical and professional legal support to the people of North West Tasmania since the late 1800โ€™s. McGrath & Co Lawyers as we know it today traces its history back to two separate chains of law firms dating to the late 1800โ€™s. The name McGrath...
Wallace Wilkinson & Webster
Hobart, Australia

Founded in 1976
16 people in their team
English
Our Firm Wallace Wilkinson & Webster is a leading Hobart-based legal practice providing specialist services in all areas of the law.From individuals and small business to some of Australiaโ€™s largest public companies, our clients include families, local businesses, banks and credit...
McMullen Lawyers
Hobart, Australia

Founded in 1982
6 people in their team
English
McMullen Lawyers is a Tasmanian owned and operated firm located in Rosny Park. We are the amalgamation of 3 long standing firms; Justin McMullen Lawyer, Faulds & Associates and Max McMullen LL.B. Barrister & Solicitor, and have been serving the Tasmanian community for over 40 years. We...
Beger & Co Lawyers.
Adelaide, Australia

Founded in 1997
25 people in their team
English
Experienced, skilled and caring legal adviceAdelaide Lawyers who are experienced, skilled and caring. Read our Reviews to find out why our clients recommend us to their friends and family. Call us for a free consultation to discuss your matter on a no obligation basis.Popular Legal...
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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.