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Trust with child sub-trusts.

A discretionary (family) trust that, on death of the primary beneficiaries, automatically splits into sub-trusts for each child with the percentages you specify. Adds asset protection and bloodline control on top of the standard discretionary trust.

Trust pack from $1,100 inc. GST+ Corporate trustee company $825 if applicable
2 to 3 business daysStandard turnaround
PDF and DOCXBoth formats included
Save and resumeWithin 14 days
01

Trust basics

Core terms of the trust.

Settlor

Important — the settlor must NOT be related to the trust. The settlor cannot be a beneficiary, a trustee, an appointor, a director or shareholder of the trustee company, or a family member of any of those. If a related person settles the trust, the ATO can disregard the trust under section 102 of the Income Tax Assessment Act 1936 and tax the income at the settlor's marginal rate.

Typical choices: the family accountant, the family lawyer, a friend of the family, or an unrelated colleague. They sign a one-page acknowledgment, hand over $10, and have no further role.

Vesting

Foreign person exclusion

In some states (notably Victoria and NSW), a deed that does not exclude foreign persons can attract foreign duty surcharges and land tax surcharges. We strongly recommend the exclusion is included by default.

02

Trustee

Who will hold the trust property and make distributions.

Note, individual trustees must be 18 or over and of full legal capacity. We strongly recommend a corporate trustee for asset protection and succession reasons.

Existing corporate trustee details

Enter the details of the existing Pty Ltd company that will act as trustee.

New corporate trustee company

Details for the new Pty Ltd company that will act as trustee. We'll register the company with ASIC as part of the same order. Add $825 inc. GST to the fee for the company set-up.

Directors of the trustee company

For each director, also tell us if they're a beneficiary of the trust and whether they are also an appointor. This avoids re-entering names later.

Director ID required. All directors must apply for a Director ID before being appointed at abrs.gov.au.

Shareholders of the trustee company

Typically the same person or people as the directors, holding 1 ordinary share each. Per ASIC Form 201 we also need the share class, paid amount, and whether shares are fully paid and held beneficially.

03

Appointor(s)

The person or people with the power to remove and replace the trustee. The most powerful role in the trust.

From your director ticks above,

Add another appointor not listed above

Joint or several? When there are two or more appointors, they generally act together. Use special requests to specify if you want the appointor power exercised severally, by majority, or with priority signatories.
04

Beneficiaries

Who can receive distributions of trust income or capital. Two tiers, primary and secondary.

From your director ticks above,

Primary beneficiaries

The named people who are intended to be the main recipients of distributions.

Secondary beneficiaries — your children

For a child-sub-trust deed, the secondary beneficiaries should be your children. Each child added here will get their own sub-trust, with the percentage you specify below, when all the primary beneficiaries have died.

Child sub-trusts — how they work. The trust runs as a normal discretionary trust during the primary beneficiaries' lifetimes. When all primary beneficiaries have died, the trust assets are automatically split into separate sub-trusts for each child you've named above, in the fixed percentages you set below. Each sub-trust then runs independently for that child and their family.

Sub-trust allocation

For each child added above, what percentage of the trust assets goes into their sub-trust on activation? Total must equal 100%.

Bloodline limitation

A bloodline limitation restricts each sub-trust to lineal descendants only — children, grandchildren and great-grandchildren of the named child. Spouses, step-children and in-laws are excluded as beneficiaries of that sub-trust. Strongest asset and family-law protection, but reduces flexibility.

Beneficiary class definition. During the lifetime of the primary beneficiaries, the standard deed extends the discretionary class to children, grandchildren, spouses and other family members of the named beneficiaries. The bloodline limitation only kicks in for each sub-trust once activated.

Special requests, anything outside standard scope?

Tell us about anything unusual, joint or several appointor exercise, custom beneficiary class, specific exclusion clauses, urgent timing, or anything else worth knowing. Custom drafting may incur additional fees, which we'll quote in writing before any extra work starts.

05

Upload supporting documents

Optional. ID, prior trust deeds, draft instructions, related correspondence.

06

Consents and execution

Each settlor, trustee, appointor, and (for corporate trustee) every director and shareholder needs to give written consent or sign.

Required consents for this matter

Required consents will appear once you've completed the trust and trustee sections.

Need consent forms now?

Generate pre-filled consent forms ready to send to each person for signing. Names, addresses, DOB and roles are auto-filled, just need a signature and a date.

07

Your details

Who we should send the documents and invoice to.

Acknowledgments

Before you submit, please confirm each of the following. All five ticks are required.

0 of 5 confirmed
Review

Review before submitting.

Click any "Edit" link to amend that section. When you're happy, confirm and submit at the bottom.

Order received.

Thanks — we’ve got your instructions, and a confirmation has been emailed to you.

What happens next

  1. 1
    We review your order.
    A lawyer reads through your instructions and flags anything unclear, usually within one business hour.
  2. 2
    We confirm the fee and invoice you.
    Fixed-fee, in writing, before any drafting begins. No surprises.
  3. 3
    We draft your trust with child sub-trusts pack.
    Turnaround: 2–3 business days.
  4. 4
    Delivery and execution.
    Documents land in your inbox ready to sign, with execution instructions. Any add-on services (printing, stamping) follow once the deed is executed.

Need to add or change something? Reply to your confirmation email, or call 03 9970 1878.

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