Best Trusts Lawyers in Australia

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Deen Lawyers
Loganlea, Australia

Founded in 2009
3 people in their team
English
ABOUT USWe are a boutique law practice providing legal services in the areas of Personal Injury Claims, Conveyancing, Wills and Estate law. We aim to provide outstanding, friendly and costs effective legal services to our community. We care and fight for justice until satisfactory outcome is...
Berck Solicitors
Brisbane, Australia

Founded in 1992
10 people in their team
English
Welcome to Berck SolicitorsOur mission is to provide you with prompt and easy to understand legal advice to reduce the emotional and financial stress that often comes with Family Law disputes. We guarantee you professionalism and integrity at a very competitive rate.With our 30 year reputation in...
NR Barber Legal
Perth, Australia

Founded in 1984
25 people in their team
English
Dr Neville Barber (Principal) & TeamSupported by a strong and capable team, Neville Barber is an experienced advocate and Perth Criminal lawyer. Neville was admitted in 1984 and has practised in a variety of legal areas since then.Neville has two law degrees, an MBA, and a Ph D in mental health...
Napoli Robert & Co
Hornsby, Australia

Founded in 1978
50 people in their team
English
About our FirmRobert Napoli & Co. was established in 1978 and since that time has been providing clients with a high standard of legal services and advice. Sadly Robert Napoli passed away in July 2020, however Robert's wonderful legacy of kind and attentive service to clients continues...
Miller Noyce
Hornsby, Australia

Founded in 1924
5 people in their team
English
Miller Noyce Lawyers Miller Noyce was established in 1924 by Mr Keith Miller and is one of Hornsby’s longest established law firms. We strive to provide professional, personal and practical legal advice and assistance of the highest standard.The firm has long-standing connections in this...
Guarna Legal
Adelaide, Australia

Founded in 2012
10 people in their team
English
Overview At YLP - Your Legal Partner, we pride ourselves on maintaining a small-firm feel by treating every client with care, respect, and consideration. Our Adelaide lawyers have many years of combined experience, and so you can be assured that we have the knowledge and skills required to...
MST Lawyers
Mount Waverley, Australia

Founded in 1950
200 people in their team
English
ABOUT MST LAWYERSMST Lawyers is a progressive law firm comprising some 60 dedicated Lawyers and support staff. MST has grown from a small firm originally founded in the 1950s, into a dynamic mid-tier commercial and private client legal practice.Our clients include individuals, entrepreneurs and...
Matthew Verney Lawyers
Devonport, Australia

Founded in 1994
21 people in their team
English
about .Litigation (both commercial and civil), commercial law, family law, criminal law, conveyancing, wills & estates.In practising in those areas, we work hard to build a constructive and professional solicitor / client relationship, and always focus on furthering the clients’ best...
ROBINSON GILL LAWYERS
Box Hill, Australia

Founded in 1979
50 people in their team
English
Chinese
There's no firm quite like us.We’ve set out to build a law firm that can help people with the issues that matter to them - whether that be in their personal lives or business lives.As a multidisciplinary practice, one of our key advantages is that we can see and advise you beyond a traditional...
ABMS Lawyers
Perth, Australia

Founded in 2016
25 people in their team
English
Welcome to ABMS, Commercial and Family Lawyers for Perth and Western AustraliaWe provide a high level of legal services throughout South Perth, Perth and Western Australia for businesses and individuals. We advise in Commercial Law, Family Law and Wills & Estates.Effective Legal AdviceOur...
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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.