Don’t miss out on our exceptional offer – secure Trust Evolve now and save $220 off the regular retail price.

Trust Evolve is a comprehensive solution that combines meticulous technical review and amendment by our expert legal team with practical tools and strategies to deliver trust distributions with confidence.

Command a blend of powerful process and legal expertise to protect client wealth in the new world of trusts.

The industry has been inundated with guidance in relation to discretionary trusts over the last couple of years – think TR 2022/4 and PCG 2022/2OwiesMinervaGuardian AIT and Demian. With trust distribution season coming soon, progressive advisors are looking for solutions. How can we mitigate trust deed risk, avoid ineffective trust distribution resolutions, protect client wealth and succession and enhance advisor reputations?

The Product

Expert Review

Our legal team review all deeds for the trust, including the original trust deed establishing the trust and any amendments.  A full list of matters that will be reviewed can be found here.

Report

The Trust Evolve™ Report provides a detailed explanation of the Expert Review by the legal team and advises of any changes made to the deeds by way of the Amendment.

Amendment

The Trust Evolve™ Amendment makes changes to the trust deeds, based on matters identified in the Expert Review (and outlined in the Report).

Distribution Guide

The Trust Evolve™ Distribution Guide delivers risk mitigation strategies and solutions including a Risk Assessment Checklist, Distribution Commentary, Distribution Templates and Template Beneficiary Letters.

The Process

To sustain longevity, you have to evolve.

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Engage your client– with our handy toolkit to explain the risks and value of Trust Evolve. Template letter & Why? Guide.

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Order on the Acis Platform – with integrations to save time and increase accuracy.

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Real lawyer review – apply expert analysis to mitigate risk, while enhancing flexibility and protection.

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Receive your Trust Evolve Product – get a detailed Report, Deed of Amendment & Trust Distribution Toolkit.

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Deliver complete trust to your client – using our guides, templates and checklists.

Trust Evolve™ Frequently Asked Questions

The risk of resettlement is extremely unlikely where:

  1. a sufficient power is relied upon to make a change; and
  2. beneficiaries, trust property and trust terms can be identified at any point in time.

Trust Evolve™ considers these matters to ensure that changes made in the Trust Evolve™ Amendment are undertaken in accordance with sufficient powers and don’t cause uncertainty as to beneficiaries, trust property and trust terms.  As always, if any issues are identified in this regard, we will reach out to clients to advise and discuss. Whilst resettlement is not something we can guarantee against (only the courts have that jurisdiction), our vast experience preparing trust deed amendments tells us that as long as the above matters are considered, it is unlikely.

Yes, Trust Evolve™ ordering is available on the Acis platform.  This can be done by selecting New Order on the Trust Evolve tile or by selecting New Order on the My Orders tile and then selecting Trust Evolve. Alternatively, simply click the link below to be directed straight to our Trust Evolve™ order page.

The Trust Evolve™ price is not just for the Report and the Amendment is not extra – it is included in the price.

Trust Evolve™ includes Expert Review – Report – Amendment – Distribution Guide.

Expert Review

Report

The Trust Evolve™ Report is based on the Expert Review. It outlines the matters reviewed and advises whether they are considered sufficient and remain unchanged or whether they can be improved and have been changed by way of the Trust Evolve™ Amendment.

Amendment

The Trust Evolve™ Amendment makes changes to the existing trust documents, based on the matters outlined in the Report. A Trustee resolution is also included.

Distribution Guide:

  • Risk Assessment Checklist – to mitigate risks associated with trust distributions and identify when further enquiry/advice required.
  • Distribution Commentary – to understand how recent tax rulings and judgements in relation to trust distributions impact the way trustees exercise their distribution discretions as well as the practical strategies they should consider.
  • Distribution Templates – to assist in the effective distribution of trust Income.
  • Template Beneficiary Letters – to correspond with beneficiaries in relation to their entitlements to further mitigate risk.

It is important to remember that advisors didn’t create these challenges; they are simply trying to deliver the strategies in response to the challenges.

Defective execution of trust deeds is one of the most common issues that banks raise when dealing with discretionary trusts. Similarly, incomplete or incorrect names in trust deeds is another issue that banks commonly take issue with. Even recent Acis deeds should be reviewed in relation to these matters.

Additionally, there have been changes to foreign person exclusions and Australian Accounting Standards (in relation to the preparation of financials) in recent times.

Those matters aside, we appreciate that there is likely less involved in the Amendment component of Trust Evolve™ for trusts using recent, Acis deeds. If you have these, we encourage you to get in touch for a chat about pricing.

Trust Evolve™ responds to more than just issues in relation to s. 100A. And even if we limited the discussion to s. 100A alone, it should be remembered that the Commissioner has made their position clear (in TR 2022/4 & PCG 2022/2). We know tax planning likely needs to look different this year. We know that the ATO have made their position in relation to contemporaneous record keeping clear. There is arguably no reason to wait for further guidance.

As always, we are more than happy to have discussions in relation to volume and we encourage you to reach out for a chat if this relates to you.

Yes, the price includes Expert Review – Report – Amendment – Distribution Guide.

Report

The Trust Evolve™ Report is based on the Expert Review. It outlines the matters reviewed and advises whether they are considered sufficient and remain unchanged or whether they can be improved and have been changed by way of the Trust Evolve™ Amendment.

Amendment

The Trust Evolve™ Amendment makes changes to the existing trust documents, based on the matters outlined in the Report. A Trustee resolution is also included.

Distribution Guide:

  • Risk Assessment Checklist – to mitigate risks associated with trust distributions and identify when further enquiry/advice required.
  • Distribution Commentary – to understand how recent tax rulings and judgements in relation to trust distributions impact the way trustees exercise their distribution discretions as well as the practical strategies they should consider.
  • Distribution Templates – to assist in the effective distribution of trust Income.
  • Template Beneficiary Letters – to correspond with beneficiaries in relation to their entitlements to further mitigate risk.

Trust Evolve provides an innovative and valuable tool to assist advisers. The product updates a trust’s deed and identifies the relevant trust and taxation matters that need to be considered each year with each trust client to achieve their objectives.

Brian Richards, Taxation Advisor – Richards Advisory

Unparalleled value for such a comprehensive product.

Gavin Barnes, Director – Redchip Lawyers

At last we have a comprehensive solution for clients with existing trust deeds that doesn’t include a $10,000 legal bill.

Martin Kerrigan, Director – Snelleman Tom