Common Mistakes to Avoid When Setting Up a Discretionary Trust

A discretionary trust is a popular estate planning tool that offers several benefits to individuals and businesses. These benefits include asset protection, tax benefits, and flexibility. However, it is important to set up a discretionary trust correctly to avoid potential legal issues in the future.

In this blog post, we will discuss common mistakes to avoid when setting up a discretionary trust and provide expert tips to ensure that you set up your trust correctly. If you're looking for professional assistance in setting up your discretionary trust, be sure to check out Registry Australia's Discretionary Trust services.

Choosing the wrong trustee

A trustee is an individual or a company that is responsible for managing the trust's assets. Choosing the right trustee is crucial to the success of your discretionary trust. Many people make the mistake of appointing a friend or family member as the trustee without considering whether they have the necessary skills and experience. To avoid this mistake, it is recommended that you consider appointing a professional trustee such as a solicitor or an accountant. A professional trustee will have the necessary knowledge and experience to manage your trust effectively.

Not properly defining the trust's purpose

The purpose of a trust is to hold and manage assets for the benefit of the trust's beneficiaries. Failing to define the trust's purpose properly can lead to confusion and potential legal issues. When setting up your discretionary trust, it is important to clearly define the trust's purpose and ensure that it is aligned with your goals and objectives. This will help to ensure that the trust operates effectively and achieves its intended purpose.

Failure to properly document the trust

Proper documentation is crucial when setting up a discretionary trust. Failing to document the trust correctly can result in potential legal issues and disputes in the future. When setting up your trust, it is important to ensure that all documentation is prepared correctly and is legally binding. This includes the trust deed, minutes of trustee meetings, and other legal documents.

Not properly funding the trust

Proper funding is essential for a discretionary trust to function correctly. It involves transferring assets to the trust and ensuring that the trust has sufficient funds to generate income. It's crucial to follow the correct procedures when transferring assets to the trust to avoid tax implications and ensure that the trust is appropriately funded. Registry Australia can assist with proper trust funding and provide guidance on tax implications.

Poor communication with beneficiaries

Beneficiaries have a vested interest in the trust's income and assets. Poor communication with beneficiaries can result in misunderstandings and conflicts. It's essential to communicate with beneficiaries regularly and keep them informed about the trust's activities and decisions. Registry Australia can assist with communication with beneficiaries and provide guidance on the best practices for communication.

In conclusion, setting up a discretionary trust correctly is crucial to avoid potential legal issues in the future. By avoiding common mistakes such as choosing the wrong trustee, not properly defining the trust's purpose, failure to properly document the trust, not properly funding the trust, and poor communication with beneficiaries, you can ensure that your trust operates effectively and achieves its intended purpose. If you need professional assistance in setting up your discretionary trust, be sure to contact the team at Registry Australia.

Read more on how to manage a discretionary trust: tips for trustees and beneficiaries.