MGS has developed a comprehensive range of trust deeds that are up to date and cutting edge in terms of taxation, stamp duty and superannuation law. Our precedents are constantly being updated with the assistance of lawyers, accountants and barristers.
Discretionary trusts give the trustee absolute discretion to distribute income and capital among beneficiaries each year — the most flexible family wealth structure available in Australia. All MGS discretionary trusts include the features required by modern Australian trust law: Karger v Paul clause, streaming powers, perpetuity period, proper law clause and amendment capability.
Unit trusts provide fixed, transparent entitlements to every unit holder in proportion to their unit holdings. They are the preferred vehicle for property investment, negative gearing, joint ventures, SMSF co-investment, and structures requiring bankable fixed entitlements. MGS unit trusts include the land tax advantages available to fixed trusts in most jurisdictions.
Hybrid trusts combine the features of a discretionary or unit trust with the power to issue Special Units conferring defined entitlements on nominated holders. Following Taxpayer Alert TA 2008/3, all MGS hybrid trust deeds are drafted to be ATO-compliant — they do not contain any feature identified as offensive by the Commissioner. Unit holders must be entitled to both ordinary income and capital gains, and units must be issued and redeemed at market value.
Specialist trust structures designed to hold or manage assets in specific circumstances — including family home purchases funded by parents or grandparents and capital vested trusts arising on death or relationship breakdown.
Succession trusts manage the transfer of wealth from one generation to the next with controls and protections that a Will cannot provide. Unlike a Will, a succession trust provides certainty — assets are held by the trustee, not distributed outright, and can be managed to protect beneficiaries from creditors, relationship breakdown and poor decisions.
Self-managed superannuation funds (SMSFs) offer members control over their retirement savings within a strictly regulated framework. MGS SMSF deeds give trustees broad investment powers — including LRBA borrowing for real estate — while the SMSF Update deed brings existing deeds into compliance with current SIS Act and Regulations requirements.
Call our team or log in to order. MGS has been helping accounting, legal and financial planning professionals with trust deeds since 1999.
Your message has been sent and a member of our team will respond to your inquiry soon.
If your matter is urgent, please call us on the phone number listed above.