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Bequeathing units and shares to a testamentary discretionary trust
A testamentary discretionary trust will (TDT) can be an effective vehicle for holding and managing assets for beneficiaries under a will. That said, the fact that an asset can be left to a TDT does not mean that the transfer of the asset, or subsequent dealings with it, will necessarily be straightforward. Shares in a…
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Federal Budget announces tax on discretionary trusts
On 12 May 2026 the Albanese Labor Government delivered the Federal Budget. They propose to impose of a thirty (30) percent minimum tax on discretionary trusts, commencing 1 July 2028. This article addresses the proposed rate and scope and identifies what remains unclear, particularly how and when the tax will be collected based on the…
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What is a Testamentary Discretionary Trust and why might you want one?
Create an estate plan that works for you and your family. Learn about the benefits of a Testamentary Trust, such as protecting your inheritance from family law and bankruptcy proceedings, and creating tax advantages for beneficiaries. Avoid the “Lamborghini factor” and find out if this structure is right for you.
Testamentary trust
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