When a standard product isn't the right fit, MGS crafts customised trust deeds, succession structures, and bespoke documents built precisely around your client's circumstances — drawing on 25+ years of trust law expertise.
Control and distributions restricted following the death of specified principals. Bloodline-protected, duty-free amendment available.
MGS offers customised trust deeds, companies and other legal documents tailored precisely to your client's circumstances. Whether the requirement is succession-specific distribution restrictions, an expanded beneficiary class, or a duty-free deed amendment — our drafting team constructs the solution from first principles.
Every customised product is prepared by lawyers and tax specialists and delivered with the same 25-year compliance rigour that underpins every standard MGS product. Custom doesn't mean compromise — it means the right document for the right client.
Enquire for pricing — all delivered within agreed timeframes
A Succession Trust Deed restricts control of the trust and the distribution of income and capital following the death of one or more specified people. Where a standard discretionary trust gives the trustee unlimited discretion, a Succession Trust Deed locks in protections for the surviving generation — ensuring assets flow where the principals intended, not where a successor trustee decides.
A Succession Trust Deed is established from the outset with distribution restrictions built into the deed. When Mum and Dad — the principals of the trust — pass away, specific clauses activate to protect the entitlements of their children and restrict who can receive income and capital going forward.
The trust doesn't collapse on death. It continues, governed by the succession provisions in the deed — protecting the assets from challenges by step-parents, new partners, or estranged family members who might otherwise obtain trustee control and redirect distributions.
Example: Mum, Dad, and 3 children
The trust operates as a standard discretionary trust. Mum and Dad as trustees and appointors have full discretion over income and capital distributions — including to themselves, the children, companies and other entities.
On the death of one principal, the deed's succession provisions activate. The surviving parent retains control — but restrictions begin: distributions may be confined to children and their descendants, and specific safeguards prevent the surviving parent from redirecting assets to a new partner or step-family.
Once both principals have passed, full succession restrictions apply. The three children (or their nominated successor trustees) take control — with the deed's provisions ensuring each child's share is protected. The trustee's discretion is constrained by the succession framework built in at establishment.
Unlike a Will, the Succession Trust Deed operates during the principals' lifetime and cannot be challenged via Family Provision Act claims in the same way. Assets remain in trust — managed, not distributed outright — providing ongoing protection from creditors, relationship breakdown and poor decisions by beneficiaries.
An illustrative comparison from a real MGS Succession Trust Deed (Appointor, Income, Capital, and Appointment of Capital provisions)
Many clients have existing discretionary trusts with no succession provisions — established years ago when the focus was income splitting, not inter-generational planning. MGS can amend these existing deeds to incorporate succession clauses, without triggering stamp duty or capital gains tax consequences.
What to confirm before amending an existing deed
Existing trust deeds may be amended to incorporate succession clauses without stamp duty consequences — provided the amendment is correctly structured and the trust's fundamental character is not altered.
The amendment does not trigger a resettlement — the trust fund continues on the same terms, supplemented by the succession provisions. No CGT event A1 or E1 arises from the amendment itself.
MGS reviews the existing deed's amendment clause before proceeding. The power to amend must be broad enough to permit the addition of succession provisions. Most modern deeds contain this power — older deeds are reviewed case by case.
Supply a copy of the existing trust deed for review. MGS will confirm whether amendment is possible and advise on the scope of protections that can be incorporated given the existing deed's structure.
Customised deed amendments are prepared individually. Contact MGS to discuss timeframes and provide the existing deed for review. Most amendments are delivered within the agreed timeframe after instructions are confirmed.
Many families have operated a discretionary trust for decades — and now want succession protections added without establishing a new trust, triggering stamp duty, or creating a CGT event from resettlement. MGS provides a deed of amendment that grafts succession clauses onto the existing structure.
The existing trust fund, tax history, and accumulated losses remain undisturbed. The amendment simply adds a new layer of provisions governing how control and distributions work after the death of the nominated principals.
A standard discretionary trust defines its beneficiaries by reference to a named Primary Beneficiary and their relatives. An Expanded Class Discretionary Trust goes further — defining beneficiaries by reference to a class of persons, rather than a specific individual. This creates a trust with a wider, more flexible beneficiary pool suited to collective or institutional purposes.
Where a standard discretionary trust names its principal — around whom the family beneficiary class is constructed — the Expanded Class Discretionary Trust instead identifies beneficiaries by reference to a defined group. The client is included within that class, but the class itself may be far broader.
MGS provides trust deeds where the beneficiary class is defined by a characteristic shared by the intended beneficiaries — for example, all males who attended a specified school between given years. If the client falls within that class, the client and their extended family are beneficiaries of the trust.
A client wishes to establish a discretionary trust whose beneficiaries are not identified by family relationship but by a shared connection — all males who attended a particular high school between 1980 and 1995. The client attended during that period.
MGS drafts the deed to define the Principal by reference to this class. The class is ascertainable — the school's records identify those people with certainty. The client falls within the class, and their extended family is included as beneficiaries in the usual way.
The trustee retains full discretion over which class members and family beneficiaries receive distributions in any year. The trust is valid because the class satisfies the legal requirement of certainty of objects.
The class definition — males who attended the school 1980–1995 — allows the trustee to obtain a list with certainty. The trust satisfies the test established by the High Court of Australia in Kinsela v Caldwell (1975) 132 CLR 458.
The class definition is flexible — it must only be capable of ascertainment. Other examples include: all registered members of a specified professional association at a given date; all descendants of a common ancestor; all persons who were employees of a company during a specific period; or all residents of a named suburb at a defined time.
MGS advises on the class definition before drafting to ensure certainty of objects is satisfied and the trust is legally valid.
For any trust — and particularly for an expanded class discretionary trust — it is essential that the beneficiaries be capable of being identified with certainty. This is the legal doctrine of certainty of objects: a trust whose beneficiary class cannot be ascertained is void. MGS drafts every expanded class deed to satisfy this test.
The House of Lords established that for a discretionary trust to be valid, it must be possible to say with certainty — of any given person — whether they are or are not a member of the class of beneficiaries. A class definition that produces uncertainty for any candidate individual fails this test.
The House of Lords confirmed that trust beneficiaries — also known as objects — must be capable of being ascertained. The trust is valid if it is possible to determine whether any given individual falls within or outside the class. A list need not be exhaustively compiled, but it must be capable of compilation in principle.
The High Court of Australia proceeded on the basis that the relevant test was that of list certainty — it is sufficient that the provisions of the trust ensure that upon the date of distribution, the beneficiaries can be ascertained with certainty. Where the class is defined by reference to objective criteria — such as attendance at a specified school during a given period — the trustee can obtain a list identifying those persons, and the trust is valid.
“it is sufficient that the provisions of the trust ensure that upon [the date of distribution] the beneficiaries can be ascertained with certainty.”High Court of Australia — Kinsela v Caldwell (1975) 132 CLR 458, at 462
MGS checks these criteria before drafting
All satisfy list certainty
Standard deeds serve most clients well — but these situations call for something more precisely crafted.
Parents with multiple children from different relationships, blended families, or significant assets requiring controlled inter-generational transfer. A Succession Trust Deed or amendment provides certainty that assets reach intended beneficiaries.
Trusts established 20–30 years ago without succession provisions — now requiring retrofitted protections as the principals age. Amendment avoids the cost and disruption of establishing a new structure and preserves all existing trust history.
Clients with significant trust-held assets where a standard deed doesn't provide the level of control and protection required. MGS Private's advisory capacity sits behind the drafting where complex tax or duty considerations apply.
Associations, alumni groups, or fraternal organisations seeking a discretionary trust where the beneficiary class is defined by membership or shared characteristic — rather than by individual name. The Expanded Class Trust is specifically designed for this purpose.
Accountants and lawyers whose clients require provisions outside the standard product — whether unusual veto rights, complex appointor succession, customised definition of the trust fund, or specific distribution restrictions not available in a template deed.
Companies requiring tailored constitutions, shareholder agreements with non-standard provisions, or corporate documents structured for unusual ownership arrangements or governance requirements. MGS accommodates most requests — call to discuss.
Unlike standard products, customised deeds begin with a conversation. Here's the process from first contact to signed documents.
Contact MGS by phone or email with a description of the client's circumstances and requirements. Where applicable, provide a copy of the existing deed for review.
MGS reviews the instructions and existing documents, identifies the appropriate structure, and confirms whether the amendment power (if applicable) is sufficient. Pricing and timeframe are discussed.
MGS prepares the customised deed or amendment to the agreed brief. For particularly complex structures, MGS Private's advisory team may be engaged to support the drafting and provide tax sign-off.
The draft is provided for review and, once settled, delivered in final form — branded with your firm's details, in the standard MGS binder with reinforced tabs. Ready to execute and hand to the client.
Call or email the MGS team to describe your client's requirements. Most customised products can be accommodated — if you're unsure whether we can help, ask.
Customised products begin with a conversation. Describe the situation — we'll confirm whether we can help, advise on the structure, and provide a quote. Most enquiries are responded to the same business day.
Customised deeds are often used alongside MGS's standard product suite. These are the most commonly paired products.
MGS's standard Succession Trust — a discretionary trust with succession provisions built in from the outset. Distributions of income and capital made in accordance with the principals' wishes after death. Ideal where the standard structure meets the client's requirements.
View Succession Trust →The Bank of Mum and Dad Trust — control and entitlements vest in parents initially, passing to the child on death or earlier. Legally enforceable loan and gift structure. Often used alongside succession planning for a comprehensive inter-generational strategy.
View BOMAD Trust →The full MGS trust deed range — discretionary, unit, hybrid, capital pool, land tax, BOMAD and BONAP trusts. Where a standard deed meets the need, these provide fast 24-hour delivery and the same MGS drafting rigour at fixed pricing.
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