How do you set up a trust fund in Australia? Having the proper knowledge and guidance is vital when setting up a trust fund so that your money is taken care of and managed properly.
In this article, we’ll help you understand what’s involved in setting up a trust fund from scratch – from deciding whether it’s the best option for you, understanding the terminology involved and finding out about legal requirements. We’ll also provide tips on managing a trust fund once it’s been created so that you can gain confidence in its performance.
What is a trust fund, and why would you want to set one up?
Creating a trust fund is crucial to ensure that you, your family or other beneficiaries are financially secure. It allows you to control where your resources will go when you can no longer manage them yourself – either during your lifetime or upon death. A trust fund can be tailored to whatever purpose you have and will be a secure way of transferring money, possessions, or property between generations.
What’s more, it often offers tax advantages, allowing you to make sure that the people who benefit from your estate receive the maximum amount of what you wanted to give them. Setting up a trust fund is not only sensible but also empowering. You are giving yourself peace of mind by knowing your loved ones will benefit from all you leave behind. Fortunately, Saxo Bank offers flexible trust fund options and can help you with the advice you need, whether setting up a trust fund or looking for ways to increase its performance.
What are the different types of trust funds?
The two central trust funds in Australia are fixed and discretionary trusts. A fixed trust fund is set up with specific beneficiaries in mind, while discretionary trusts can be adapted over time to suit the needs of those who benefit from it.
Consider a testamentary trust which comes into existence when you die and is set up according to your wishes as stated in your will. The trustees of this type of trust are expected to manage and distribute estate assets for its beneficiaries, including family members, charities, or other individuals.
How do you establish a trust fund in Australia?
The first step towards creating a trust fund in Australia is to decide who will be the trustee. The trustee is responsible for managing and administering the trust, ensuring it’s compliant with the law, and reporting on its performance.
You’ll then need to draft the trust deed, which documents the agreement between you (as the settlor) and your chosen trustee and sets out your wishes for managing the trust fund. It outlines all the relevant information about what type of trust it is, what property or assets have been included in it, who the trustees are, who the beneficiaries are, and so on. Once this is done, the trust fund can be officially established.
The next step is to open a bank account dedicated to the trust and transfer any funds or assets into it. It will include any contributions, such as annual payments or gifts made during your lifetime. But remember: for a trust to be valid and effective, it must have some form of assets.
What are your legal obligations?
Once the trust fund is established, you will be legally obliged to comply with many laws and regulations – such as filing annual tax returns and abiding by State and Commonwealth laws. Keeping up-to-date records is essential for ensuring that the trust fund complies with all legal requirements and that its assets are used to benefit the intended beneficiaries.
It would help if you also remembered that a trust fund could not be changed or revoked once it has been established, so it’s vital to get professional advice before setting one up. Your chosen trustee should be experienced in this type of work and will be able to offer guidance and support throughout the process.
Creating a trust fund is a long-term commitment and requires careful planning. But take the time to ensure all the necessary steps are taken. It can provide your family or beneficiaries with financial security or significant tax advantages for many years.
What are the benefits of having a trust fund?
Trust funds can offer many benefits, including asset protection and tax efficiency. As the legal owner of the trust fund, you will be responsible for any capital gains or losses arising from it so that it can reduce your possible personal liability in terms of taxes.
Trust funds also provide an excellent way to ensure that your wishes are carried out after you die since they allow you to specify how your estate should be managed and distributed. It means that you can ensure that financial support is provided for those who depend on you (such as family members) or those causes that matter most to you (such as charities).