Discretionary Trust Deed
A Discretionary Trust Deed is used to establish a discretionary trust in any state or territory in Australia.
Last updated October 23, 2025
Suitable for Australia
Create & Customise Legal Templates Online
What is a discretionary trust deed?
What is a discretionary trust deed?
When should you use a discretionary trust deed?
When should you use a discretionary trust deed?
What should be in a discretionary trust deed?
What should be in a discretionary trust deed?
How to create a legal document
- check_circle
Access the Document Library
- check_circle
Select the template that matches your needs
- check_circle
Customise by adding or removing clauses with assistance from Lawpath AI
- check_circle
Personalise with your headers, footers, logos, or additional text
- check_circle
Store all documents securely in your account for easy access
Frequently asked questions
Who can act as trustee and are there restrictions?
keyboard_arrow_upWhat are the key benefits of using this document?
keyboard_arrow_upAre there any limitations or risks with this trust deed?
keyboard_arrow_upHow does this document address foreign beneficiaries and surcharges?
keyboard_arrow_upWhat practical steps are required after signing?
keyboard_arrow_upCan the trust be changed or updated after establishment?
keyboard_arrow_upWhat is the difference between a discretionary trust and a family trust?
keyboard_arrow_upView Sample Discretionary Trust Deed
The Legal Risk Score of a Discretionary Trust Deed Template is High
Our legal team have marked this document as high risk considering:
- Trust deeds must follow specific signing and witness procedures.
- Deeds often involve the distribution of assets of meaningful value and carry tax implications.
- There is little margin for error when drafting this document given the level of rights given to the trustee and beneficiary.
Meet Our Users
Articles about Discretionary Trust Deed
3 Steps After Completing Your Trust Deed
Recently established a discretionary trust? Find out what to do after completing your discretionary trust deed here.
terminate-discretionary-trust
Article about terminate-discretionary-trust
How to Change the Trustee of a Discretionary Trust
Changing the trustee of a discretionary trust may be required for a number of reasons. In this article, we break down how to do so and its affect.
Where to Find a Lost Trust Deed
Have you ever been in a situation where you’ve had to find a lost trust deed? Here is everything you’ll need to know to recover it.
Variation of Discretionary Trust Sample
A Variation of Discretionary Trust allows you to change the terms of an existing discretionary trust. Customisable and ready to use in under 10 minutes.
Potential Changes to Discretionary Trusts
Important changes that will affect anyone who is currently, or intends to become, a trustee of any discretionary trusts in New South Wales.
Advantages and Disadvantages of a Discretionary Trust (2024 Update)
Discretionary trusts give a trustee discretion when distributing trust property. Find out the advantages and disadvantages here.
Trust Series: What is Trust Vesting?
This article will explain what trust vesting is and what you need to know about your trust deed to ensure your trust is vested and administered properly.
A List of the Key Parties to a Discretionary Trust
A discretionary trust means a trustee can choose not only who benefits, but how they benefit from the trust. Read about the parties involved in this guide.
Looking for more documents?
Privacy Policy
A Privacy Policy outlines how your business will use, store and collect your customers' information. A Privacy Policy is required by law in certain circumstances.
Loan Agreement
This Loan Agreement can be used by lender when offering a loan to a Borrower.
Non-Disclosure Agreement (Mutual)
A Non-Disclosure Agreement (Mutual) allows you and another party to share confidential information while legally forbidding either party from disclosing that information to any other person or entity.
Will
A Will is an essential document as part of your estate plan. This Will cannot be e-signed.
Non-Disclosure Agreement (One Way)
A Non-Disclosure Agreement (One Way) allows you and another party to share confidential information while legally forbidding the other party from disclosing that information to any other person or entity.
Website Terms and Conditions of Use (Services)
This Website Terms and Conditions of Use (Services) document is specifically tailored for websites selling services.
Business Sale Agreement
A Business Sale Agreement is used to clearly set out all relevant terms of the sale when selling or buying a business.
Contractor Agreement (Individual)
The Contractor Agreement (Individual) allows you to hire a contractor that is an individual (ie. not a company).