Wills and trusts

Fixed Unit Trust Deed (NSW)

Set up a fixed unit trust in NSW where each unit holder's share of income and capital is fixed by their units.

Trustee company: The deed is set up for a company trustee, which gives limited liability and makes it easier to change who controls the trust. Have the company's name, ACN and registered office ready, and set the company up before the deed is signed.
Initial unit holders: The full name, address and any ACN or ABN of each initial unit holder, whether each holds units in its own right or as trustee of another trust, how many units each will take and the amount each will pay. Each initial unit holder is listed in the parties section and in Schedule 1, and each signs the deed.
Land: Whether the trust will or may own land in NSW. This affects how units are redeemed and wound up, and whether the trust qualifies for the land tax threshold.
Foreign persons: Whether any proposed unit holder is, or may become, a foreign person (for example by moving overseas), and whether any unit holder is the trustee of a discretionary (family) trust.