Are Your Discretionary Trust Deeds a Time Bomb

WARNING: Your Discretionary Trust Deed Is a Ticking Time Bomb!

Imagine using a Nokia 2000 phone in a world of the iPhone 16; outdated and limited. That’s exactly what you're doing if you’re still relying on an old discretionary trust deed that lacks succession planning, bloodline protection, named beneficiaries, perpetuity, and non-CGT estate planning. The legal and financial landscape has evolved, and so have trust structures. Your failure to upgrade exposes both you and your clients to unnecessary tax risks, disputes, and the complete erosion of wealth intended for future generations.

If you think your pre-2000 trust deed is “good enough,” think again. The rise of modern Leading Member and Family Protection Discretionary Trusts means courts and the ATO are scrutinising outdated structures harder than ever. Without the right mechanisms in place, your assets could be at the mercy of creditors, family disputes, and hefty tax bills—obliterating years of careful…