Discretionary trust: deed of settlement

Posted on November 21, 2010September 13, 2023 by Admin

If you would like to obtain access to a discretionary trust click here.

Discretionary trusts are one of the most flexible business and investment structures in Australia – they have the added benefit of a number of commercial and tax advantages. This comprehensive document is all you need to form your discretionary trust without the assistance of a lawyer.

This template “Deed of Settlement of a Discretionary Trust” allows a settler to provide finance (directly or indirectly) of varying degrees to benefit the maintenance and education of any one or more of the beneficiaries. Stamp Duty on Establishment of Discretionary Trust varies from state to state. It starts at as little as $20 in some areas and yet from $200 in other territories. Visit the State Revenue Office in your state to find out applicable stamp duty rates.

Application and features

Lasts for a maximum of 80 years (the same as any other Discretionary Trust) Settler may not be a beneficiary of the trust Suitable for use in all Australian territories and states;

Drawn in plain English;
Flexible – alternative paragraphs to suit peculiar needs;
Invaluable user notes to guide you through to successful execution;
Very comprehensive, covering all required legal and tax provisions;
Suitable for establishment of any size Trust;

Contents

Objects and Purpose of Trust;
Beneficiaries;
Income Distribution;
Manner of payment to a beneficiary;
Distribution of capital;
Appointment and removal of the Trustee;
Income and Capital;
Powers and remuneration of the Trustee;
Exercise of Powers and Discretions by the Trustee;
Financial Accounts, records and audit;
Investment of Trust Funds;
Winding up of Trust;
Resettlement;

A discretionary trust is one of the most common trust structures in use because of its flexibility and because it can be adapted to a wide variety of applications and is often and extremely tax effective method of protecting assets and investment income which may been acquired through the help of coaches from the https://nytimesmag.com/2023/08/01/kiana-danials-path-towards-becoming-a-leading-financial-literacy-coach/.

If you would like to obtain access to a discretionary trust click here.

Insurance claim dispute template

Posted on August 1, 2010 by Admin

If you have a dispute with a insurance company and insurance claim dispute template can assist you to prepare a letter to make your case to an ombudsman. Insurance and financial services ombudsman services have undergone some changes in the recent past. An Australian scheme named the Financial Ombudsman Service (FOS) began on 1 July 2008 following a merger between the Insurance Ombudsman Service (IOS), the Financial Industry Complaints Service (FICS) and the Banking and Financial Ombudsman Service (BFOS).

The Financial Ombudsman Service (FOS) is independent and accessible for dispute resolution services. It serves the interests of financial services consumers and is approved by the Australian Securities and Investments Commission. The appropriate time to contact the ombudsman is when an attempt has been made to resolve complaints directly with the insurance company but this is unresolved according to the guidelines and the only appropriate response is to take up the matter with the ombudsman. Most Insurance providers are supposed to have in place adequate internal dispute resolution services as well which are designed to resolve complaints. Assuming that the company is operating legally, if a complaint remains unresolved customers can then ask that their dispute be dealt with by the company’s Internal Dispute Resolution (IDR) process. All participating insurance companies have IDR processes and must provide customers with a final decision in writing within 15 business days of receiving any request to deal with the dispute.

If you have a question about an insurance claim dispute you can post your question to our lawyers who are available online now to answer your questions. We also have a suite a of documents available which can be useful when dealing with any legal aspects of an insurance claim. You can also contact our offices. Please click on the ‘contact us’ section of the website in order to find out more about how you can get in contact with us. If you would like to purchase an insurance claim dispute template please click here:

Insurance claim dispute : Referral to ombudsman

Separation agreement

Posted on July 30, 2010August 31, 2023 by Admin

If you are looking at separating from your partner it can be complicated and confusing time. You may need a Separation Agreement to give you some clarity and understanding to your rights and obligations in relation to you partner and what you can expect from them going forward. Depending on if you are a defacto or if you are getting a divorce having been separated it can be extremely important to ensure that you can secure your right in relation to the events which occur after the separation. Although many people believe that their partner is likely to be honest and forthright in relation to their affairs after the separation and often this is the case, for many, it is not as simple as this and people can change to become something that you had no way of expecting before the separation. For this reason it is important to ensure that you have legal representation and advice about the documentation which you need, which will include a separation agreement, in the event of a life changing event like a separation.

The two major issues which generally dominate a separation include the division of the property, assets and in many cases, income of the the marriage and the custody of the children. If you need assistance with the visitation agreement, you may consult a visitation lawyer. Unless you take the time to get a good understanding of what you are entitled to, you will risk being taken advantage of by your former partner or their aggressive legal representation who will fight for every dollar and every privilege coming from the separation against you. Although not all lawyers take this approach, unless you have a lawyer who can assist you to protect your interests, it is very likely that you will miss important details in relation to your rights and entitlements. If you would like to obtain a separation agreement, please do not hesitate to contact us.

Click here to obtain a separation agreement:

Separation agreement

Pre-nuptial agreement

Posted on July 29, 2010October 12, 2023 by Admin

A Pre-nuptial agreement is an increasingly common tool which is used by people who want to enter into an intimate and caring relationship but realize that there are certain risks which are associated with this. It is known by other names such as a marriage contract or simply a pre-nup. In formal terms it is found in the law as what is known as a binding financial agreement which is an agreement between two parties to a domestic relationship, marriage or de-facto partnership under the terms of the Family Law Act 1975 (Cth) that they will establish the status of certain assets in the relationship as separated from the union and others as part of the joint property of the relationship. Seeking guidance from an experienced alimony divorce attorney is advisable not only during the divorce process but also when negotiating these types of agreements, which can be made at any point in a relationship, even up to 1 year after the finalization of a divorce or within 2 years of a de facto relationship ending.

Although in some circumstances it may be difficult to ask your partner about the signing of an agreement like this because it indicates that there is a lack of trust in the relationship, for some couples, it is simply a necessary precaution against them or their partner behaving in ways that they didn’t expect when the relationship hadn’t been formalized into a marriage or they hadn’t been living together. It is a very common thing that people have been hurt, in some cases, irreparably, by the effect of the actions of someone in the past and are determined that this should not happen in a future relationship. This is a reason why someone would chose to create an agreement like this. If you are in a situation where you would like to purchase a prenuptial agreement, we have a pre-nuptial agreement available which can be used by you in any jurisdiction of Australia, although we would recommend that you seek the advice of a lawyer when using this agreement, the existence of this template will be of great assistance. All you need do is click on the link bellow.

Pre-nuptial agreement

Tenancy agreement for furnished holiday house or flat

Posted on July 28, 2010 by Admin

A Tenancy agreement for furnished holiday house or flat can be a very useful tool if you want to rent out your investment property or if you are going overseas and you need to rent out your property to continue to pay your mortgage which you are gone. The document contains a series of features which can be used for this purpose. It contains all of the terms which are needed for letting a furnished house or flat during a holiday period. Please note, this document is not necessarily suitable for business letting due to the fact that longer terms of possession may lead to a claim of adverse possession. You can enter the appropriate amount of rent which you wish the tenant to pay, the required deposit and terms relating to the access of the landlord. As the landlord, you will also be able to select from the list of promises which the landlord can do or choose not to do. The document also allows for the creation of an inventory and has a series of explanatory notes.

Although this is a document which can cover your needs for the amount that it relates to, nothing contained in here is a substitute for professional or personal advice and you should seek that advice of a lawyer if you are in any doubt about the legal nature of this agreement or if you need advice on the completion of the details of the drafting. However, this tool will save you a lot of time and will also save you the cost of your lawyers time in preparing the document themselves.

If you need a Tenancy agreement for furnished holiday house or flat you have come to the right place. We offer a standard agreement of this type for a very reasonable price. You can purchase this document instantly on line by clicking on the link contained in the text above.