Trust services
Unit trust (fixed and hybrid).
A unit trust divides beneficial ownership into units, so entitlements are proportionate and transparent. It is the usual structure where unrelated parties invest together, and where fixed entitlements are needed for tax or lending reasons.
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.
Fixed, non-fixed and hybrid unit trusts.
A fixed unit trust gives unitholders defined entitlements to income and capital, often required for land tax concessions, SMSF investment and negative gearing. A hybrid deed combines units with a discretionary class, offering flexibility at the cost of the fixed-trust characterisation.
We draft the deed, issue the initial units, prepare the unit register and certificates, and register a corporate trustee if required. We also flag the land tax and duty consequences of the deed you choose.
A deed described as 'fixed' is not automatically a fixed trust for tax or land tax purposes. The clauses have to satisfy the relevant tests, and many off-the-shelf deeds do not.
Why it pays to have this done properly.
Proportionate, provable entitlements
Units make ownership between unrelated investors clear and easy to transfer or redeem.
Lender and SMSF friendly
Banks and SMSFs generally prefer fixed unit trusts, and a compliant deed avoids problems at approval.
Land tax treated correctly
Victorian land tax outcomes vary substantially between fixed and non-fixed unit trusts. We draft to the outcome you need.
Is this you?.
- You are investing with people who are not family
- An SMSF will hold units in the trust
- A lender has asked for a fixed unit trust deed
- You are structuring a property development joint venture
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 unit trust deed, unit certificates and register, 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 the deed and establishment pack, with duty and any trustee company registration itemised at cost. Hybrid and bespoke deeds are quoted after a short scoping call.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
What is the difference between a fixed and hybrid unit trust?
Can an SMSF invest in a unit trust?
How are units transferred?
Related services.
Discretionary (family) trust
The standard family trust deed for income splitting and asset protection.
Learn morePharmacy unit trust
A unit trust structure for pharmacists co-owning a pharmacy business.
Learn moreStamp duty: VIC trusts
Duty on Victorian trust deeds, declarations, transfers and surcharges.
Learn moreReady to get started with unit trust (fixed/hybrid)?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.