A member asked over 9 years ago

Family trust issue

I created a family trust and the trustee, I want to be the sole beneficiary. I am pregnant and when my daughter is born she will be the other beneficiary. Is this possible?

Nathan Yii
Principal Lawyer, SMSF Specialist Advisor at Nathan Yii Lawyers - Structuring & Estate Planning Law

The terms of a modern discretionary trust are likely to have a broad discretionary beneficiary class, including unborn children, related trusts and companies and charities. Depending on the terms of trust, your daughter will be a beneficiary of the trust when she is born.

However, under current taxation law, note that any distributions of income made to your daughter whilst she's under the age of 18 years will be taxed at penalty rates after $416 isdistributed to her in a financial year, unless any of the exemptions in the Income Tax Assessment Act apply.

Consult a lawyer and work with the trust's accountant as to whether making distributions to your daughter will be appropriate.

Answered over 9 years ago   Legal disclaimer

Val Antoff
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