Family Trust Lawyers Brisbane

FP Lawyers are some of Brisbane’s most experienced Family Trust lawyers. We can assist you in establishing and managing a broad variety of Trusts as part of our estate planning process.

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Plan for the Future With Our Family Trust Lawyers

FP Lawyers are experienced Family Trust Lawyers in Brisbane. We establish Family Trusts, Special Disability Trusts and other agreements as part of our estate plans. This helps protect and provide for your loved ones, even once you have passed away.

We are also qualified to act as the Trustee of any Trusts established in your Estate Plan. Nominating our lawyers as the Trustee provides peace of mind that your Trusts are being managed effectively, and that your wishes will be carried out.

Trusts are a complex area of law. While they are an effective way of managing your assets and legacy, they need to be implemented properly so that your family receives the full benefit.

You should seek professional advice from FP Lawyers before establishing a Trust. Our principal lawyer, Katherine Parasyn, is a registered CPA and Family Law specialist, so we can offer guidance on the best way to manage your estate, assets and businesses.

What is a Trust?

A Trust is a legal relationship where one entity (the Trustee) holds assets for the benefit of another entity (the Beneficiaries).

Establishing Family Trusts is a common tactic in estate planning. It allows you to:

Control the way assets are distributed to your family
Manage ownership and succession in your businesses
Secure the financial wellbeing of dependents
Protect assets against family disputes
Protect assets against mismanagement
Provide tax advantages to the beneficiaries of your Will
Ensure creditors can’t access certain assets

Our team are experienced Family Trust lawyers in Brisbane. We have extensive experience in Wills and Estate Planning, and we can recommend multiple types of trusts that will protect your assets and legacy.

If you are planning for the future, contact FP Lawyers to learn more about establishing Trusts and protecting your estate.

How Family Trusts Can Benefit Your Estate Plan

Asset Protection

Establishing a Trust protects your assets against creditors, Will disputes and other family law matters. Family Trusts are one of the most effective ways to distribute your assets while preventing disputes and creditor claims.

Tax Advantages

Family Trusts pay no income tax and receive a 50% discount on Capital Gains Tax. While Beneficiaries are still required to pay income tax on distributions, this can save tens of thousands of dollars when your assets are distributed.

Succession Planning

Trust instruments offer excellent control over your succession plan. We can include clauses that ensure your assets are passed to your family rather than specific individuals, which can protect your legacy for decades to come.

Seamless Transition

The Beneficiaries in your Will may need a Grant of Probate to claim the assets left to them. This can be a drawn out process. With a Family Trust, assets can be passed to your family without probate, making the transition seamless.

Types of Trusts Our Lawyers Can Help With

Discretionary Trusts (Family Trusts)
Testamentary Trusts
Special Disability Trusts
Business Trusts

A Discretionary Trust is a type of Trust where the Beneficiaries do not have a fixed entitlement to the trust funds and capital. Instead, the Trustee is given discretion to determine how much each Beneficiary receives.

Family Trusts are a type of Discretionary Trust where immediate family members are the beneficiaries. Our family trust lawyers often recommend these types of trusts as part of the estate planning process.

Your Team of Experienced Family Trust Lawyers in Brisbane

Our team of Family Trust Lawyers work with clients across Brisbane and the Gold Coast. We have decades of experience in Estate Planning, so you can rely on us to protect your legacy and provide for your family.

contact us today

Katherine Parasyn

Principal

Learn More About Katherine

Alyce Carpin

Principal Lawyer

Learn More About Alyce

Frequently Asked Questions About Trusts

Who can be a Trustee of a Family Trust?

The Trustee of your Family Trust can be any natural person or legal entity (including companies). It’s common to nominate a spouse or trusted family member as your Trustee, but you can also name a professional like your Lawyer.

Nominating your Family Trusts Lawyer as the Trustee is often the best way to ensure your legacy is passed on as intended. A professional lawyer understands their duty and can make the best decisions for your Beneficiaries.

Who owns the property in a Trust?

The Trustee is the legal owner of the property held by a Trust. The Trustee is contractually obligated to manage, use, invest and/or dispose of the property for the benefit of the Beneficiaries. This means you can rely on your Trustee to make the best decision for any family members that are named as Beneficiaries.

Will I have control over my Trust and assets?

In Estate Planning, it’s common to nominate yourself (and/or your spouse) as the “Appointor” of the Trust. The Appointor has ultimate control over the Trust, and has the ability to remove or replace the Trustee as you see fit.

The Appointor does not have control of property that’s within the Trust.
We can also discuss your succession plan and nominate Appointor(s) to take over the role if you are no longer able to carry out your duties.

Can a Trustee also be a Beneficiary of a Trust?

A Trustee can be a Beneficiary of a Trust, but they cannot be the sole beneficiary. A common scenario is where a couple establishes a Trust. Both partners are named as Beneficiaries, but only one spouse is nominated as Trustee. This allows you to act at the Trustee and Beneficiary on behalf of your family.