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Create your Discretionary Trust Deed online in minutes

Why do I need a Discretionary Trust?

A discretionary trust is often created for asset protection or tax benefits. It holds family assets or manages a family business, giving the trustee the flexibility to distribute income or capital to beneficiaries as they see fit.

Quick and easy online Discretionary Trust setup

Set up your discretionary trust deed in under 15 minutes with step-by-step guidance on settlors, trustees, appointors and beneficiaries. You’ll receive the documents required to set up a flexible Discretionary Trust structure where the Trustee has the discretion to determine income and capital distributions to beneficiaries without preset entitlements.

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Discretionary Trust

Generate the documents required to set up a flexible Discretionary Trust structure where the Trustee has the discretion to determine income and capital distributions to beneficiaries without pre set entitlements.

  • Digital:$160 inc GST
  • Slimline:$203 inc GST
  • Binder:$260 inc GST
Buy now

NowInfinity Documentation Suite Benefits

  • Complete suite of Trust setup documents

  • Quickly and easily set up bank accounts, ABN and TFNs

  • Order Pay As You Go documents with no lock in contracts

  • eSignatures and SMS reminders included at no additional cost

  • Legally backed documents for peace of mind

  • Customise documents with your branding

All Trust Documents

  • Discretionary Trust

    • Digital:$160 inc GST
    • Slimline:$203 inc GST
    • Binder:$260 inc GST
    Buy now

    Generate the documents required to set up a flexible Discretionary Trust structure where the Trustee has the discretion to determine income and capital distributions to beneficiaries without pre set entitlements.

    Buy now

  • Discretionary Trust (Fully Reserved Lineal Descendants)

    • Digital:$330 inc GST
    • Slimline:$373 inc GST
    • Binder:$430 inc GST
    Buy now

  • Discretionary Trust (Capital Reserved Lineal Descendant)

    • Digital:$330 inc GST
    • Slimline:$373 inc GST
    • Binder:$430 inc GST
    Buy now

  • Change of Trustee of Discretionary Trust

    • Digital:$220 inc GST
    • Slimline:$263 inc GST
    • Binder:$320 inc GST
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  • Deed of variation (Exclude Foreign Beneficiaries)

    • Digital:$220 inc GST
    • Slimline:$263 inc GST
    • Binder:$320 inc GST
    Buy now

All pricing is GST inclusive
All pricing is ASIC fee inclusive

*Deed Stamping available for NSW and VIC for $66. Additional copy fee is $20 per copy for NSW and free of charge for VIC. Cost of Stamp Duty (NSW=$750, VIC=$200) not included in pricing.
**Deed stamping availabe only in NSW for $66. Additional copy fee is $20 per copy. Cost of Stamp Duty (NSW=$750, VIC=$200) not included in pricing.
+ Slimline – a presentation folder for easier filing, containing two hard copies of the documents.
++Binder – a high-quality binder containing three hard copies of the documents. Please refer to https://help.nowinfinity.com.au/hc/en-au/articles/360002058255-How-to-order-a-hard-copy-of-a-Document for more details

Frequently Asked Questions

What is a discretionary trust?

A discretionary trust is a legal arrangement where the trustee has the authority to decide how the trust’s income and assets are distributed among the beneficiaries. It is commonly used for asset protection and estate planning. 

How does a discretionary trust work?

In a discretionary trust, the trustee has the flexibility to distribute income and capital to beneficiaries as they see fit, based on the trust’s terms. This discretion allows the trustee to allocate income in a way that may benefit the beneficiaries’ financial or tax situations. 

How do I set up a discretionary trust?

To set up a discretionary trust, you’ll need a trust deed containing the terms of the trust, a trustee, an appointor and beneficiaries who will potentially benefit from it. You may need to apply for ABN, TFN and GST registration with the Australian Taxation Office for tax purposes 

How is income distributed in a discretionary trust?

The trustee determines income distribution and may allocate income to one or more beneficiaries based on their needs or financial situation, and this allocation may vary each year.

What are the benefits of setting up a discretionary trust?

Benefits include asset protection, potential tax advantages, and greater control over how and when income or assets are distributed to beneficiaries. Discretionary trusts can also help in estate planning by providing flexibility and control over family wealth. 

What are the tax benefits of a discretionary trust?

Discretionary trusts offer potential tax benefits, as the trustee can distribute income to beneficiaries in lower tax brackets, reducing the overall tax burden. Distributions of capital gains may attract capital gains tax concessions.

What is a Capital Reserved Lineal Descendant structure?

This Deed limits the capital of the trust to benefit specified lineal descendant beneficiaries. Income beneficiaries are a broader range of beneficiaries. 

Optional Legal Review

We provide practical, reliable optional legal review that make it easy for you and your clients to feel confident when getting legal sign-off on documents.

With direct and streamlined access to our trusted legal services provider DGF Morgan, your documents are reviewed by experienced lawyers. This helps protect you and your clients from potential risks tailored to your specific circumstances.

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