Trust services
Trust deed vesting package.
Most trusts have an 80-year vesting date, and plenty of 1980s deeds are now within reach of it. Vesting is not optional: on the vesting date beneficial interests become fixed, and the tax consequences follow whether or not anyone noticed.
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.
Extend or vest, and how to decide.
If the vesting date has not passed and the deed permits it, we prepare a deed extending the vesting date, subject to the perpetuity rules of the governing jurisdiction. This is almost always cheaper than allowing the trust to vest.
Where vesting is the right outcome, we prepare the vesting deed, the final distribution resolutions, transfers of assets to the takers on vesting, and the documents your accountant needs for the final return.
A vesting date cannot be extended once it has passed. Diarise the date, and check the deed now rather than in the year it falls due.
Why it pays to have this done properly.
CGT event avoided where possible
Extending before the date preserves the structure and avoids a deemed disposal of every trust asset.
An orderly wind-up when it is time
Final resolutions, asset transfers, duty and the last tax return all handled in sequence.
The deed checked against perpetuity rules
Extension is only valid within the perpetuity period of the governing law. We check which applies.
Is this you?.
- Your trust was established in the 1980s or earlier
- The accountant has flagged an approaching vesting date
- The trust holds appreciated property and no one wants a CGT event
- The family is ready to wind the trust up and distribute
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.
- 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.
- 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.
- 03
We prepare and lodge
We draft the vesting or extension deed and distribution documents, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 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.
Fixed fee for an extension deed. Full vesting and wind-up is quoted based on the assets involved, with duty and title costs itemised separately.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Can every trust extend its vesting date?
What happens if the date passes unnoticed?
Is duty payable on vesting?
Related services.
Deed of variation
Amend an existing trust deed without triggering a resettlement.
Learn moreChange of trustee/appointor
Retire and appoint trustees or appointors without triggering a resettlement.
Learn moreDiscretionary (family) trust
The standard family trust deed for income splitting and asset protection.
Learn moreReady to get started with trust deed vesting package?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.