Discretionary Trust

Tip Form a Discretionary Trust in Minutes

Our trust service is available to EasyCompanies PRO clients (accountants & legal professionals).
We provide documents only — no legal advice is included.
Designed for professionals who need efficient, reliable trust documents without the admin burden.

⚠️ Important: This deed is designed for general discretionary trust purposes.

• It does not exclude foreign beneficiaries, which is commonly required for residential or commercial property purchases to avoid land tax issues.
• It excludes individual trustees from benefiting from the trust. Consider a corporate trustee if required.

If your client requires a deed with these features, please engage a specialist provider or legal advisor.

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✅ What You Get

• Discretionary Trust Deed – prepared by a Top 10 Australian law firm
• Meeting Minutes for the Trustee – if the trustee is a company
• PDF documents – delivered instantly via email once your application is submitted
• Step-by-step guide – including stamping, opening a bank account, and next steps

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📋 What You’ll Need

To complete your trust setup online, you’ll need:

• Trust name
• Settlor details (must be an independent person, not EasyCompanies — often a trusted friend or advisor)
• Trustee details (company or individual)
• Appointor details
• Beneficiary details

Note: The Settlor is the person who initially “settles” the trust by making a nominal gift (commonly $10). The Settlor should not be a trustee, beneficiary, or related party of the trust, and EasyCompanies cannot act as Settlor.

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⏱ How Long Does It Take?

• Trust setup: 5–10 minutes online application
• Company for trustee (if needed): 2 minutes to receive ACN
• Trust deed issued: Instant PDF on completion
• Stamping (if selected): 2–3 business days turnaround

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💰 Trust Stamping Pricing

• Stamping Fee: $68 + $200 VIC SRO fee (NSW currently not supported)
• Digital execution supported (where allowed)

Stamping is currently only supported in VIC — for other states contact your local state revenue department.

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📝 How It Works

1. Setup company trustee first (if required) in our company registration application. Once you receive your ACN continue with trust formation
2. Complete the online application — no paperwork required.
   You’ll need: trust name, settlor details, trustee (company or individual), appointor, and beneficiaries.
3. Choose stamping during checkout if required.
4. Instantly receive your deed by email.
5. If stamping is selected, upload your signed deed. We’ll return it stamped within 2–3 business days.

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🏢 Setting Up a Trustee Company

Most discretionary trusts are established with a company acting as the trustee. This is a two-step process:

1. Register the company first
   Lodge a company application through EasyCompanies.
   An ACN (Australian Company Number) is issued instantly (within ~2 minutes).
2. Use the company as trustee
   Enter the ACN into the trust application.
   Complete the trust setup form (5–10 minutes).
   Your trust deed will be issued instantly on submission.

👉 Once both steps are complete, you’ll have the company + trust documents ready for stamping.

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❓ Top Questions We Get

Can this deed be used for property purchases?
Not recommended. Our deed does not exclude foreign beneficiaries, which is often required to avoid land tax issues. Please seek a specialist provider if the trust is intended for residential or commercial property.

Can the trustee also be a beneficiary?
No. Our deed excludes individual trustees from also being beneficiaries of the trust.

Do I need a company to act as trustee?
You may use either a company or individual trustee, but most professionals prefer a company trustee for liability and succession reasons. This must be set up as a separate company registration first.

Who Can Be the Settlor?

The Settlor is the person who initially “settles” the trust by making a nominal gift (commonly $10). They play no further role once the trust is established.

• The Settlor cannot be a trustee, beneficiary, or related party of the trust.
• EasyCompanies cannot act as the Settlor.
• Most professionals choose a trusted friend, colleague, or advisor to act as Settlor.

Tip: The Settlor is only involved at the very beginning. Once the deed is executed, their role is complete and they have no ongoing rights or obligations in the trust.

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🚫 Not a Professional Advisor?

If you’re not an accountant or lawyer and need tailored legal advice for your trust, we recommend Sprintlaw.