Estate Planning
Pass over a family trust in line with your objectives, outside of your Will.
Don’t leave the control of your family trust up to chance. Pass control to the next generation with strategic planning that works outside your Will.
Avoid tax pitfalls when transferring trust control.
Create certainty about who will control your family’s wealth.
Minimise potential for family disputes over trust control.
We will help you transfer control of your family trust in the way you intend during your lifetime or upon your death, independent of your Will.
You’ve built significant wealth held in family trusts, and you now want to ensure a smooth transition of control to the next generation. Family trusts exist independently of your Will, and special planning is required to ensure the right people have control at the right time. Sometimes plassing control of a family trust through a Will isn’t the right strategy for all families. Without proper planning, trust control may default to unintended persons or entities, jeopardising your family’s wealth and contrary to your wishes.
ADLV Law will create tailored trust control strategies including Distribution Deeds, Appointor Succession Deeds, and Variation Deeds that clearly define when and how control passes to the next generation. We’ll ensure your trust deed permits these changes, address tax implications, and implement safeguards to protect assets while transitioning control.
With a robust trust succession plan in place, you’ll have confidence that your family trust will continue to benefit the people you intend, even after you’re no longer in control. The next generation will have clear authority to manage trust assets without the delays, confusion, or legal complications that often arise when trust control isn’t properly addressed. Your family wealth will remain protected for generations to come.
Secure future control of your family trust today.
Call us now to schedule a consultation with one of our experienced trust and estate planning lawyers. We’ll review your current trust structure and develop a strategy to ensure control passes smoothly to the next generation according to your wishes.
Who will control your family trust after you?
You know how family trusts are powerful wealth protection vehicles, but control of these trusts doesn’t automatically pass through your Will? Without proper planning, control of your family trust might end up with unintended people or organisations, potentially putting your family’s financial security at risk.
We will create customised trust control succession documents that work independently of your Will, ensuring the next generation gains control of your family trust exactly when and how you intend, so your family wealth remains protected and managed according to your wishes for generations to come.
The wealth you’ve accumulated should benefit your family for generations, not just during your lifetime.
The control structures you put in place should reflect your values and protect your legacy long after you’re gone. Your family trust shouldn’t become vulnerable or fall into the wrong hands simply because of inadequate succession planning. True wealth preservation means ensuring both assets AND control remain within the family according to your wishes.
You’re a successful business owner or investor who has built significant wealth and established family trusts to protect and grow that wealth. You’re forward-thinking and concerned about your legacy. You’ve worked hard to create financial security for your family and want to ensure that continues after you’re no longer in control.
You understand that your Will may not control what happens to your family trust. It may not be appropriate to deal with future control of your family trust in your Will. You want to ensure the next generaitn take control of the trust at the right time, whether during your lifetime or after your death. You’re concerned about potential tax implications, family dynamics, and ensuring the right structures are in place for a smooth transition.
Without proper trust succession planning, the control of your family trust could default to someone you never intended – perhaps an executor of your estate, a surviving spouse who remarries, or even the Public Trustee. Your carefully established trust structure could be unwound, assets distributed against your wishes, or exposed to claims from creditors or estranged family members. Years of careful wealth building could be undone in a matter of months.
Trust control doesn’t necessarily follow your Will.
You’ve established family trusts to protect and grow your wealth, but the control of these trusts doesn’t automatically pass through your Will. You need specialised legal documents to ensure that control transitions to the next generation according to your wishes, whether during your lifetime or after your death.
Each family’s objectives are different. You may want to ensure all of your children and their families can benefit from the trust long term. In other cases, you may intend that specific assets in a trust benefit one person only.
Whatever your family needs look like, you need the future control of your family trust to align with your objectives.
If you don’t implement proper trust control succession strategies:
- Control could pass to unintended people or organisations
- Your children or the next generation might have no legal authority to manage family trust assets
- Family conflict could arise over who should control the trust
- Trust assets might be distributed contrary to your wishes
- You cannot guarantee that the people you intend to benefit will receive distributions from your trust.
- Tax liabilities could be triggered unnecessarily
- The wealth protection benefits of your trust structure could be compromised
Securing generational control of your family trust.
We address your concerns of your family trust by creating clarity and certainty. You’ll gain peace of mind knowing exactly who will control your trust assets, when that control will transfer, and how your wealth will be protected for generations to come. You’ll feel confident that your legacy is secure.
We implement comprehensive trust control succession strategies tailored to your specific circumstances. This typically includes:
- Reviewing your current trust deed to identify succession provisions and limitations
- Drafting Succession Deeds that clearly define the transfer of control
- Creating Distribution and Control Deeds that guide or bind future trustees on asset distribution
- Implementing protective mechanisms to ensure your intended successors gain control
- Addressing potential tax implications of changing trust control
- Coordinating trust succession with your broader estate plan
After implementing your trust control succession plan, you’ll have a seamless system in place for the transfer of trust control to the next generation. Your family will avoid the uncertainty, disputes, and potential financial loss that often occur when trust succession isn’t properly addressed. The next generation will have clear authority to manage trust assets according to your wishes, and your wealth will remain protected within your family for generations to come. You’ll have transformed uncertainty into security and potential conflict into harmony.
Our Trust Control Succession Process
Protect your family’s wealth beyond your Will.
Step 1
Trust Review
We’ll analyse your current trust deed, control structure, and assets to identify succession options and limitations.
Step 2
Strategy Development
We’ll design a succession plan that aligns with your wishes and addresses tax implications and family dynamics.
Step 3
Document Preparation
We’ll draft all necessary legal documents including Succession Deeds, Distribution and Control Deeds, and any required trust variations.
Step 4
Implementation and Education
We’ll execute the documents and educate both you and your successors on their roles, responsibilities, and the operation of the succession plan.
Trust control expertise. Family-focused solutions. Generational wealth protection.
We understand how important it is to you that the wealth you’ve built remains protected and managed according to your wishes for generations to come. We know what it feels like to worry about whether your family trust will continue to benefit the right people after you’re no longer in control. Like you, we are frustrated by the complexity of trust law and the misconception that Wills control what happens to trust assets. We know that you want to empower your children to manage your family wealth while still providing appropriate protections and guidance. We are aware of the potential family conflicts that can arise when trust control succession isn’t clearly defined. We care about your legacy and ensuring that the wealth you’ve built benefits the people you choose, in the way you intend.
Kasia Maczuga
Catherine Fairlie
Our Great Lawyer Guarantee
We want to be part of your team over the long term. We’ll achieve this by sticking closely to the following key principles
Take the time
We’ll listen carefully to understand what you want to achieve. Then we’ll thoroughly explain our advice and step you through the documents. You can be sure you’ll know the full consequences.
Work as a team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Shared knowledge
One of our key goals is to pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we’re good at. You can be confident that we know what we’re doing and won’t pass on the cost of our learning.
Transparent pricing
For advice and documents, we provide a fixed or capped quote so you don’t take price risk. If you’re in a dispute, we’ll map out the process and costs so you know what to expect.
It's your show!
We’re not in this game for our egos. We’re in it for a front row seat to witness your success.
Our fixed fee pricing.
We understand you want to know exactly what our services will cost before making a commitment. After our initial consultation, where we’ll understand your specific goals and circumstances, we’ll provide you with a detailed Work Proposal outlining:
- The specific legal services we’ll provide
- The exact fixed fee for these services
- The timeline for completion
Our fixed fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, or other administrative expenses.
Take the first step
Call us now to book an appointment with one of our experienced estate planning lawyers.
We’ll discuss the best way to pass on your wealth, and gain peace of mind.
Want to know more? Read some of our insights at the links below.