Jones van Otterdyk Lawyers can assist you with structuring your business or investments through discretionary and family trusts.

Trusts can be used as a tax minimisation strategy; as a means of providing shared income for family members; to minimise the risk of creditors making a claim against your assets and to minimise claims against your estate when you die; and to place valuable assets out of the direct control of individuals at risk of making poor decisions that may affect a number of stakeholders involved.

One type of discretionary trust is a family trust. A trustee (frequently one of the family members) is elected to hold assets in their name for the benefit of a group of beneficiaries. Although one or more persons can be elected as trustees, so too can a company be appointed the trustee. This is beneficial in terms of avoiding difficulty experienced in situations such as the death of a trustee, or in circumstances where a trustee is declared bankrupt.

We can assist you with:

  • Drafting trusts
  • Reviewing trusts to ensure they comply with financial and trust-related legal requirements
  • Advice for your accountant to make suitable arrangements
  • Advice for structuring your trust in ways to minimise the chance of claims being made on yoru estate or for debt recovery proceedings.