Trust services

Trust services.

Trust deeds decide who controls family wealth, who can benefit, what duty is payable and what happens when someone dies. CMK Legal drafts, varies, rectifies and vests trusts for Melbourne families, investors and business owners, with the duty and tax consequences considered before anything is signed.

Lawyer prepared

Deeds drafted and settled by a lawyer, not a form generator.

Fast turnaround

Standard deeds prepared within one business day of instructions.

Fixed fee, quoted first

Fixed fee quoted first, with any duty payable set out up front.

Compliant documents

Trustee Act, Duties Act and ATO practice considered on every deed.

Our trust services.

Discretionary (family) trustThe standard family trust deed for income splitting and asset protection.Learn moreUnit trust (fixed/hybrid)Fixed or hybrid unit trust deeds for joint ventures and property holdings.Learn morePharmacy trust (discretionary)A discretionary trust deed drafted to satisfy pharmacy ownership rules.Learn morePharmacy unit trustA unit trust structure for pharmacists co-owning a pharmacy business.Learn moreBloodline family trustA family trust deed that keeps capital within your direct descendants.Learn moreChange of trustee/appointorRetire and appoint trustees or appointors without triggering a resettlement.Learn moreChange of trust nameA deed changing the name of an existing trust, with records updated.Learn moreExclude beneficiaries: discretionary trustA deed of exclusion to remove people or classes from the beneficiary class.Learn moreDeed of variationAmend an existing trust deed without triggering a resettlement.Learn moreDeed of ratificationConfirm and validate actions already taken by a trustee or company.Learn moreDeed of rectificationCorrect a deed that does not reflect what the parties actually agreed.Learn moreTrust deed vesting packageExtend the vesting date, or wind up and distribute the trust properly.Learn moreAmendments to trust for borrowingUpdate the deed so the trustee can borrow and give security to a lender.Learn moreStamp duty: VIC trustsDuty on Victorian trust deeds, declarations, transfers and surcharges.Learn moreStamp duty: NSW trustsNSW deed duty, deadlines and the foreign person exclusion requirement.Learn more

What our trust services team does.

We establish discretionary, unit, hybrid, bloodline and pharmacy trusts, and we fix existing ones: changes of trustee and appointor, beneficiary exclusions, variations for borrowing or streaming, rectification of drafting errors, name changes, and vesting or wind-up.

We also deal with the revenue side, Victorian and NSW duty on deeds and transfers, foreign purchaser surcharge exposure, and the absentee owner surcharge that catches ordinary family trusts by default.

Most trust problems we see began with a template deed that nobody read. The cost of reading it properly at the start is a fraction of the cost of a resettlement or a surcharge assessment.

Why it pays to have this done properly.

Documents prepared by a lawyer

Every deed, constitution and resolution is drafted or reviewed by a commercial lawyer, not generated from a form.

Fixed fees, quoted first

You know the professional fee and the government charges before we start work.

Lodgements handled

ASIC, State Revenue Office and ATO lodgements are attended to as part of the engagement.

Is this you?.

  • You are establishing a trust to hold a business or investments
  • A lender, auditor or the SRO has raised a question about your deed
  • Control of the trust needs to pass to the next generation
  • The vesting date is approaching or the deed contains an error

If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.

How it works.

  1. 01

    Tell us what you need

    Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.

  2. 02

    We check the detail

    We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.

  3. 03

    We prepare and lodge

    We draft the documents your matter requires, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.

  4. 04

    You get a complete file

    You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.

Fees.

Trust deeds, variations and rectifications are fixed fee and quoted before we start. Duty and lodgement costs are itemised separately at cost.

Request a fixed-fee quote

FAQs

Frequently asked questions.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How quickly can a trust deed be prepared?
Standard discretionary and unit trust deeds are usually ready within one business day of full instructions.
Will changing my trust deed trigger tax?
Properly drafted variations do not cause a resettlement. Changes that alter the essential nature of the trust can, which is why the deed is reviewed first.
Do you handle stamping?
Yes, Victorian Duties Online lodgement and NSW stamping through Revenue NSW, with duty itemised at cost.

Related services.

Ready to get started with trust services?.

Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.