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AUSTRALIAN LEGAL DOCUMENTS ONLINE Quality, consistency and compliance made easy. Save time with Cleardocs Online documents, so you can give more time to what your clients value most! Extensive Document Suite. Current & Compliant. Fast Legal Document Creation. Over 100,000 Trusted Users. Update & Manage Online. Authorised ASIC Software Provider. Securely Stored and

Managed Online.

CLEARDOCS COMPANY PRODUCTS Change to Sole Director Company. $55.00 incl GST. Learn more Buy now. Company Deregistraion - Voluntary. $110.00 incl GST. Learn more Buy now. Company Minutes & Resolutions Package. $82.50 incl GST. Learn

more Buy now.

COMPANY REGISTRATION SOLUTIONS Company lodgement. $506.00. ASIC fee (1 year) Business name registration. $37.00. Register your company and business name and receive all necessary documents to start your small business. ACN Registration. 14 company set up documents. 5 min free discussion with

a lawyer.

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

TESTAMENTARY TRUSTS

A trustee is able to minimise the overall tax paid on the trust's income by streaming income to beneficiaries with low marginal tax rates. With the current tax free threshold of $18,200, beneficiaries are potentially able to receive up to $18,200 of tax free income from the testamentary trust each year. 6 GOOD REASONS TO WRITE YOUR FAMILY CONSTITUTION Build cohesion and internal harmony. Your family constitution is developed by the family group. Ideas are workshopped and opinions are shared. When consensus is reached, it's done so with unity. Members of the family learn together through a participative process. The resulting document is a codified representation of internal agreement

and

SAMPLE FAMILY TRUST

2 A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Sarah Smith, has paid the settled sum specified in the Schedule to the trustee named in the Schedule, Sam Smith to establish the Sample WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it NEW POWER OF ATTORNEY LAWS EFFECTIVE 12 MARCH 2018 The main points to note about this change are: enduring powers of attorney made before 12 March 2018 will still be valid under the new law and will not need to be redone. Also, the change in the law does not affect the other enduring power of attorney documents. After the change a person will still be able to make an enduring power of

attorney

AUSTRALIAN LEGAL DOCUMENTS ONLINE Quality, consistency and compliance made easy. Save time with Cleardocs Online documents, so you can give more time to what your clients value most! Extensive Document Suite. Current & Compliant. Fast Legal Document Creation. Over 100,000 Trusted Users. Update & Manage Online. Authorised ASIC Software Provider. Securely Stored and

Managed Online.

CLEARDOCS COMPANY PRODUCTS Change to Sole Director Company. $55.00 incl GST. Learn more Buy now. Company Deregistraion - Voluntary. $110.00 incl GST. Learn more Buy now. Company Minutes & Resolutions Package. $82.50 incl GST. Learn

more Buy now.

COMPANY REGISTRATION SOLUTIONS Company lodgement. $506.00. ASIC fee (1 year) Business name registration. $37.00. Register your company and business name and receive all necessary documents to start your small business. ACN Registration. 14 company set up documents. 5 min free discussion with

a lawyer.

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

TESTAMENTARY TRUSTS

A trustee is able to minimise the overall tax paid on the trust's income by streaming income to beneficiaries with low marginal tax rates. With the current tax free threshold of $18,200, beneficiaries are potentially able to receive up to $18,200 of tax free income from the testamentary trust each year. 6 GOOD REASONS TO WRITE YOUR FAMILY CONSTITUTION Build cohesion and internal harmony. Your family constitution is developed by the family group. Ideas are workshopped and opinions are shared. When consensus is reached, it's done so with unity. Members of the family learn together through a participative process. The resulting document is a codified representation of internal agreement

and

SAMPLE FAMILY TRUST

2 A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Sarah Smith, has paid the settled sum specified in the Schedule to the trustee named in the Schedule, Sam Smith to establish the Sample WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it NEW POWER OF ATTORNEY LAWS EFFECTIVE 12 MARCH 2018 The main points to note about this change are: enduring powers of attorney made before 12 March 2018 will still be valid under the new law and will not need to be redone. Also, the change in the law does not affect the other enduring power of attorney documents. After the change a person will still be able to make an enduring power of

attorney

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

The requirements for individuals in relation to signing legal documents vary slightly from State to State. To keep things simple, as a general rule a witness to the execution of a legal document should: not be a party to the document , that is, they should be signing the document only as a witness. If the document is a trust deed, or an

SMSF

SAMPLE AUSTRALIAN LEGAL DOCUMENTS Sample Australian legal documents. Below, you can access some FREE sample legal documents from the legal Cleardocs document packages. They are for Australia. These sample documents are produced from our master documents — which are like legal document templates. Our system personalises and tailors those document templates in response

to the

UNDERSTANDING THE ROLE OF THE SETTLOR Role of the settlor. The settlor must hand over the settled sum to the trustee to be held on the terms of the trust for the benefit of the beneficiaries. The trustee must issue a receipt to record this has occurred. This is the point at which the trust is created because, by FAMILY TRUSTS AND THE 'BUCKET COMPANY' A Bucket Company will only be useful if, on registration, it becomes an eligible beneficiary of an existing family trust.One must read the trust deed of that trust to ensure that the Bucket Company will fall within the general class of beneficiaries. If your family trust deed is a standard Cleardocs deed then, provided the correct persons are THINKING OF MAKING A CHANGE TO YOUR TRUST? BEST PRACTICE The recent case of Batmor Mortgages Pty Ltd v Arcuri acts as a reminder of the considerations which need to be properly addressed when changing the trustee of your unit trust. These considerations equally apply to any change to other types of trust, such a discretionary trust, hybrid trust or even a self-managed superannuation fund (including a change to the terms, powers or

trustees).

ESTATE ASSETS V NON-ESTATE ASSETS INCLUDING TRUST ASSETS Estate assets v non-estate assets including trust assets and superannuation benefits. Before you make a Will, it is important to understand the assets you can give away in a Will, and those you cannot. The starting point is to ensure you have appropriate ownership of the relevant asset, which can be more complicated than it initially

seems.

UNDERSTANDING YOUR SUCCESSION DOCUMENTS Understanding your succession documents. Sep 2014. Gone are the days when a single document was sufficient to direct all decision making powers for a person's affairs during their lifetime or on their death. Generally, the main concerns that cause a person to consider their personal succession position are 'what if I become incapable?' and

FAQ LEGAL QUESTIONS

The jurisdiction referred to in the Trust Deed means that if there is a dispute concerning the Trust Deed, then the parties to the deed agree that the laws of that jurisdiction will apply. As a result it is advisable that the jurisdiction, wherever possible, should reflect the WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it AUSTRALIAN LEGAL DOCUMENTS ONLINE Quality, consistency and compliance made easy. Save time with Cleardocs Online documents, so you can give more time to what your clients value most! Extensive Document Suite. Current & Compliant. Fast Legal Document Creation. Over 100,000 Trusted Users. Update & Manage Online. Authorised ASIC Software Provider. Securely Stored and

Managed Online.

CLEARDOCS COMPANY PRODUCTS Change to Sole Director Company. $55.00 incl GST. Learn more Buy now. Company Deregistraion - Voluntary. $110.00 incl GST. Learn more Buy now. Company Minutes & Resolutions Package. $82.50 incl GST. Learn

more Buy now.

COMPANY REGISTRATION SOLUTIONS Company lodgement. $506.00. ASIC fee (1 year) Business name registration. $37.00. Register your company and business name and receive all necessary documents to start your small business. ACN Registration. 14 company set up documents. 5 min free discussion with

a lawyer.

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

TESTAMENTARY TRUSTS

A trustee is able to minimise the overall tax paid on the trust's income by streaming income to beneficiaries with low marginal tax rates. With the current tax free threshold of $18,200, beneficiaries are potentially able to receive up to $18,200 of tax free income from the testamentary trust each year. 6 GOOD REASONS TO WRITE YOUR FAMILY CONSTITUTIONWRITING YOUR OWN CONSTITUTIONMAKE YOUR OWN CONSTITUTION EXAMPLESFAMILY CONSTITUTION IDEASFAMILY CONSTITUTION SAMPLE Build cohesion and internal harmony. Your family constitution is developed by the family group. Ideas are workshopped and opinions are shared. When consensus is reached, it's done so with unity. Members of the family learn together through a participative process. The resulting document is a codified representation of internal agreement

and

SAMPLE FAMILY TRUST

2 A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Sarah Smith, has paid the settled sum specified in the Schedule to the trustee named in the Schedule, Sam Smith to establish the Sample WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it NEW POWER OF ATTORNEY LAWS EFFECTIVE 12 MARCH 2018POWER OF ATTORNEY FORMSPOWER OF ATTORNEY FORMS FREEPOWER OF ATTORNEY ONLINE FORMPOWER OF ATTORNEY TRANSFER FORMGENERAL POWER OF ATTORNEY FORMCHANGING POWER OF

ATTORNEY FORM

The main points to note about this change are: enduring powers of attorney made before 12 March 2018 will still be valid under the new law and will not need to be redone. Also, the change in the law does not affect the other enduring power of attorney documents. After the change a person will still be able to make an enduring power of

attorney

AUSTRALIAN LEGAL DOCUMENTS ONLINE Quality, consistency and compliance made easy. Save time with Cleardocs Online documents, so you can give more time to what your clients value most! Extensive Document Suite. Current & Compliant. Fast Legal Document Creation. Over 100,000 Trusted Users. Update & Manage Online. Authorised ASIC Software Provider. Securely Stored and

Managed Online.

CLEARDOCS COMPANY PRODUCTS Change to Sole Director Company. $55.00 incl GST. Learn more Buy now. Company Deregistraion - Voluntary. $110.00 incl GST. Learn more Buy now. Company Minutes & Resolutions Package. $82.50 incl GST. Learn

more Buy now.

COMPANY REGISTRATION SOLUTIONS Company lodgement. $506.00. ASIC fee (1 year) Business name registration. $37.00. Register your company and business name and receive all necessary documents to start your small business. ACN Registration. 14 company set up documents. 5 min free discussion with

a lawyer.

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

TESTAMENTARY TRUSTS

A trustee is able to minimise the overall tax paid on the trust's income by streaming income to beneficiaries with low marginal tax rates. With the current tax free threshold of $18,200, beneficiaries are potentially able to receive up to $18,200 of tax free income from the testamentary trust each year. 6 GOOD REASONS TO WRITE YOUR FAMILY CONSTITUTIONWRITING YOUR OWN CONSTITUTIONMAKE YOUR OWN CONSTITUTION EXAMPLESFAMILY CONSTITUTION IDEASFAMILY CONSTITUTION SAMPLE Build cohesion and internal harmony. Your family constitution is developed by the family group. Ideas are workshopped and opinions are shared. When consensus is reached, it's done so with unity. Members of the family learn together through a participative process. The resulting document is a codified representation of internal agreement

and

SAMPLE FAMILY TRUST

2 A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Sarah Smith, has paid the settled sum specified in the Schedule to the trustee named in the Schedule, Sam Smith to establish the Sample WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it NEW POWER OF ATTORNEY LAWS EFFECTIVE 12 MARCH 2018POWER OF ATTORNEY FORMSPOWER OF ATTORNEY FORMS FREEPOWER OF ATTORNEY ONLINE FORMPOWER OF ATTORNEY TRANSFER FORMGENERAL POWER OF ATTORNEY FORMCHANGING POWER OF

ATTORNEY FORM

The main points to note about this change are: enduring powers of attorney made before 12 March 2018 will still be valid under the new law and will not need to be redone. Also, the change in the law does not affect the other enduring power of attorney documents. After the change a person will still be able to make an enduring power of

attorney

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

The requirements for individuals in relation to signing legal documents vary slightly from State to State. To keep things simple, as a general rule a witness to the execution of a legal document should: not be a party to the document , that is, they should be signing the document only as a witness. If the document is a trust deed, or an

SMSF

SAMPLE AUSTRALIAN LEGAL DOCUMENTS Sample Australian legal documents. Below, you can access some FREE sample legal documents from the legal Cleardocs document packages. They are for Australia. These sample documents are produced from our master documents — which are like legal document templates. Our system personalises and tailors those document templates in response

to the

UNDERSTANDING THE ROLE OF THE SETTLOR Role of the settlor. The settlor must hand over the settled sum to the trustee to be held on the terms of the trust for the benefit of the beneficiaries. The trustee must issue a receipt to record this has occurred. This is the point at which the trust is created because, by FAMILY TRUSTS AND THE 'BUCKET COMPANY' A Bucket Company will only be useful if, on registration, it becomes an eligible beneficiary of an existing family trust.One must read the trust deed of that trust to ensure that the Bucket Company will fall within the general class of beneficiaries. If your family trust deed is a standard Cleardocs deed then, provided the correct persons are THINKING OF MAKING A CHANGE TO YOUR TRUST? BEST PRACTICE The recent case of Batmor Mortgages Pty Ltd v Arcuri acts as a reminder of the considerations which need to be properly addressed when changing the trustee of your unit trust. These considerations equally apply to any change to other types of trust, such a discretionary trust, hybrid trust or even a self-managed superannuation fund (including a change to the terms, powers or

trustees).

ESTATE ASSETS V NON-ESTATE ASSETS INCLUDING TRUST ASSETS Estate assets v non-estate assets including trust assets and superannuation benefits. Before you make a Will, it is important to understand the assets you can give away in a Will, and those you cannot. The starting point is to ensure you have appropriate ownership of the relevant asset, which can be more complicated than it initially

seems.

UNDERSTANDING YOUR SUCCESSION DOCUMENTS Understanding your succession documents. Sep 2014. Gone are the days when a single document was sufficient to direct all decision making powers for a person's affairs during their lifetime or on their death. Generally, the main concerns that cause a person to consider their personal succession position are 'what if I become incapable?' and

FAQ LEGAL QUESTIONS

The jurisdiction referred to in the Trust Deed means that if there is a dispute concerning the Trust Deed, then the parties to the deed agree that the laws of that jurisdiction will apply. As a result it is advisable that the jurisdiction, wherever possible, should reflect the WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it AUSTRALIAN LEGAL DOCUMENTS ONLINE Quality, consistency and compliance made easy. Save time with Cleardocs Online documents, so you can give more time to what your clients value most! Extensive Document Suite. Current & Compliant. Fast Legal Document Creation. Over 100,000 Trusted Users. Update & Manage Online. Authorised ASIC Software Provider. Securely Stored and

Managed Online.

CLEARDOCS COMPANY PRODUCTS Change to Sole Director Company. $55.00 incl GST. Learn more Buy now. Company Deregistraion - Voluntary. $110.00 incl GST. Learn more Buy now. Company Minutes & Resolutions Package. $82.50 incl GST. Learn

more Buy now.

COMPANY REGISTRATION SOLUTIONS Company lodgement. $506.00. ASIC fee (1 year) Business name registration. $37.00. Register your company and business name and receive all necessary documents to start your small business. ACN Registration. 14 company set up documents. 5 min free discussion with

a lawyer.

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

TESTAMENTARY TRUSTS

A trustee is able to minimise the overall tax paid on the trust's income by streaming income to beneficiaries with low marginal tax rates. With the current tax free threshold of $18,200, beneficiaries are potentially able to receive up to $18,200 of tax free income from the testamentary trust each year. 6 GOOD REASONS TO WRITE YOUR FAMILY CONSTITUTIONWRITING YOUR OWN CONSTITUTIONMAKE YOUR OWN CONSTITUTION EXAMPLESFAMILY CONSTITUTION IDEASFAMILY CONSTITUTION SAMPLE Build cohesion and internal harmony. Your family constitution is developed by the family group. Ideas are workshopped and opinions are shared. When consensus is reached, it's done so with unity. Members of the family learn together through a participative process. The resulting document is a codified representation of internal agreement

and

SAMPLE FAMILY TRUST

2 A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Sarah Smith, has paid the settled sum specified in the Schedule to the trustee named in the Schedule, Sam Smith to establish the Sample WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it NEW POWER OF ATTORNEY LAWS EFFECTIVE 12 MARCH 2018POWER OF ATTORNEY FORMSPOWER OF ATTORNEY FORMS FREEPOWER OF ATTORNEY ONLINE FORMPOWER OF ATTORNEY TRANSFER FORMGENERAL POWER OF ATTORNEY FORMCHANGING POWER OF

ATTORNEY FORM

The main points to note about this change are: enduring powers of attorney made before 12 March 2018 will still be valid under the new law and will not need to be redone. Also, the change in the law does not affect the other enduring power of attorney documents. After the change a person will still be able to make an enduring power of

attorney

AUSTRALIAN LEGAL DOCUMENTS ONLINE Quality, consistency and compliance made easy. Save time with Cleardocs Online documents, so you can give more time to what your clients value most! Extensive Document Suite. Current & Compliant. Fast Legal Document Creation. Over 100,000 Trusted Users. Update & Manage Online. Authorised ASIC Software Provider. Securely Stored and

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CLEARDOCS COMPANY PRODUCTS Change to Sole Director Company. $55.00 incl GST. Learn more Buy now. Company Deregistraion - Voluntary. $110.00 incl GST. Learn more Buy now. Company Minutes & Resolutions Package. $82.50 incl GST. Learn

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COMPANY REGISTRATION SOLUTIONS Company lodgement. $506.00. ASIC fee (1 year) Business name registration. $37.00. Register your company and business name and receive all necessary documents to start your small business. ACN Registration. 14 company set up documents. 5 min free discussion with

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FAQ LEGAL QUESTIONS

TESTAMENTARY TRUSTS

A trustee is able to minimise the overall tax paid on the trust's income by streaming income to beneficiaries with low marginal tax rates. With the current tax free threshold of $18,200, beneficiaries are potentially able to receive up to $18,200 of tax free income from the testamentary trust each year. 6 GOOD REASONS TO WRITE YOUR FAMILY CONSTITUTIONWRITING YOUR OWN CONSTITUTIONMAKE YOUR OWN CONSTITUTION EXAMPLESFAMILY CONSTITUTION IDEASFAMILY CONSTITUTION SAMPLE Build cohesion and internal harmony. Your family constitution is developed by the family group. Ideas are workshopped and opinions are shared. When consensus is reached, it's done so with unity. Members of the family learn together through a participative process. The resulting document is a codified representation of internal agreement

and

SAMPLE FAMILY TRUST

2 A The trust Establishment of a discretionary trust 1 The settlor named in the Schedule, Sarah Smith, has paid the settled sum specified in the Schedule to the trustee named in the Schedule, Sam Smith to establish the Sample WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it NEW POWER OF ATTORNEY LAWS EFFECTIVE 12 MARCH 2018POWER OF ATTORNEY FORMSPOWER OF ATTORNEY FORMS FREEPOWER OF ATTORNEY ONLINE FORMPOWER OF ATTORNEY TRANSFER FORMGENERAL POWER OF ATTORNEY FORMCHANGING POWER OF

ATTORNEY FORM

The main points to note about this change are: enduring powers of attorney made before 12 March 2018 will still be valid under the new law and will not need to be redone. Also, the change in the law does not affect the other enduring power of attorney documents. After the change a person will still be able to make an enduring power of

attorney

ABN REGISTRATION

If you have questions: about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343 . Apply for your company's ABN, TFN & register for GST with your Cleardocs company registration; Pre-populated with your Cleardocs company information. Easy, stress free, and great helpline service. Cleardocs can lodge your ABN, GST

and TFN

FAQ LEGAL QUESTIONS

The requirements for individuals in relation to signing legal documents vary slightly from State to State. To keep things simple, as a general rule a witness to the execution of a legal document should: not be a party to the document , that is, they should be signing the document only as a witness. If the document is a trust deed, or an

SMSF

SAMPLE AUSTRALIAN LEGAL DOCUMENTS Sample Australian legal documents. Below, you can access some FREE sample legal documents from the legal Cleardocs document packages. They are for Australia. These sample documents are produced from our master documents — which are like legal document templates. Our system personalises and tailors those document templates in response

to the

UNDERSTANDING THE ROLE OF THE SETTLOR Role of the settlor. The settlor must hand over the settled sum to the trustee to be held on the terms of the trust for the benefit of the beneficiaries. The trustee must issue a receipt to record this has occurred. This is the point at which the trust is created because, by FAMILY TRUSTS AND THE 'BUCKET COMPANY' A Bucket Company will only be useful if, on registration, it becomes an eligible beneficiary of an existing family trust.One must read the trust deed of that trust to ensure that the Bucket Company will fall within the general class of beneficiaries. If your family trust deed is a standard Cleardocs deed then, provided the correct persons are THINKING OF MAKING A CHANGE TO YOUR TRUST? BEST PRACTICE The recent case of Batmor Mortgages Pty Ltd v Arcuri acts as a reminder of the considerations which need to be properly addressed when changing the trustee of your unit trust. These considerations equally apply to any change to other types of trust, such a discretionary trust, hybrid trust or even a self-managed superannuation fund (including a change to the terms, powers or

trustees).

ESTATE ASSETS V NON-ESTATE ASSETS INCLUDING TRUST ASSETS Estate assets v non-estate assets including trust assets and superannuation benefits. Before you make a Will, it is important to understand the assets you can give away in a Will, and those you cannot. The starting point is to ensure you have appropriate ownership of the relevant asset, which can be more complicated than it initially

seems.

UNDERSTANDING YOUR SUCCESSION DOCUMENTS Understanding your succession documents. Sep 2014. Gone are the days when a single document was sufficient to direct all decision making powers for a person's affairs during their lifetime or on their death. Generally, the main concerns that cause a person to consider their personal succession position are 'what if I become incapable?' and

FAQ LEGAL QUESTIONS

The jurisdiction referred to in the Trust Deed means that if there is a dispute concerning the Trust Deed, then the parties to the deed agree that the laws of that jurisdiction will apply. As a result it is advisable that the jurisdiction, wherever possible, should reflect the WINDING UP A DISCRETIONARY TRUST Winding up a discretionary trust. There are many reasons why a discretionary trust may be wound up, including where: the trust's vesting date is drawing near. Whenever a trustee is considering winding up a solvent trust, they should develop a process for that and, where possible, agree on it

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