Need information and assistance on the dissolving of a discretionary trust. West australia. Have contacted public
Expert's Assistant chat
Customer: Need information and assistance on the dissolving of a discretionary trust
JA: Some laws are different depending where you are, so could you clarify what state you're in?
Customer: west australia
JA: Thanks for all these details. What steps have you taken so far?
Customer: Have contacted public trustee and tried many times to talk to Special disability trust department of centerlink
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Are You able to offer assistance to West Australians?
JA: Some laws are different depending where you are, so could you clarify what state you're in?
Customer: west australia
JA: Thanks for all these details. What steps have you taken so far?
Customer: Have contacted public trustee and tried many times to talk to Special disability trust department of centerlink
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Are You able to offer assistance to West Australians?
Answered by John Melis in 5 mins 1 year ago
John Melis
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
BackJohn Melis
79128 Satisfied customers
10+ years of experience
John Melis
10+ years of experience
79128 Satisfied customers
Jessica
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John Melis, Expert
Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.
Can you tell me a little more about it, please?
Can you tell me a little more about it, please?
Customer
In 2012 my mother and I created a Special Disability Trust for my profoundly disabled daughter.
Customer
sorry hadn't finished... My mother passed away at the end of 2020. Due to several factors the the trust was deemed not compliant and made a discretionary trust in June 2021. My Daughter is now not living in the property due to her high needs and I have been informed that I need to move out of the property and/or sell it. The purpose of the the trust was to make sure that my daughter's future housing and financial needs would be taken care of if I was not around. With a disability pension and NDIS funding this is no longer an issue. I have my own health issues and am unable to work full time plus the property was purchased by my mother for myself and my daughter. It is not an option for me to leave/sell the property. The trust as it stands I feel, does not meet the requirements for what it was intended for many reason which I can out line further later. Therefore I would like to dissolve the trust and would like information on how to proceed with this form of action
John Melis, Expert
How much in trust at the moment?
Customer
The House that I reside in
John Melis, Expert
So you want to transfer your house into your own name?
Customer
Well, yes if it,s that easy. The title deeds are still under mine and my mother's name
John Melis, Expert
You need to transfer the property out of the trust into your name. This would result in stamp duty being payable on the transfer. What do you need to do is engage a local lawyer and accountant to carry out an assessment especially the accountant to determine the taxable consequences of this transfer.
Customer
Ok that sounds doable but would that automatically t
Customer
sorry not finishe... would that then dissolve the trust or just prevent them (centrelink) from acquiring the property
Customer
Would you Know of any West Australian Lawyers specialised in this area?
Customer
are you still there or have you advised me as far as you can?
John Melis, Expert
Once you have transferred the property out, then you need to do a final tax return on the trust. Then you can wind the trust up.
Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.Customer
This is really interesting and positive. It is also really important so I am thinking I would like to speak to you in person or should I just find a Perth lawyer
John Melis, Expert
You can reach out to your local lawyer when you're ready. If you would like to talk on the phone we can talk any time.
Customer
Hi John. I have just contacted a local lawyer who has put me in touch with a property lawyer so Will contact them tomorrow. thank you
John Melis, Expert
It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
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