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Protective Trust

Safeguarding Beneficiaries. Providing Long-Term Security and Care.

Tailored Solutions for Protecting Vulnerable Beneficiaries

A protective trust is designed to safeguard the capital and income of a beneficiary who may not be capable of managing their own affairs. These trusts ensure long-term care and financial security for individuals with disabilities or those in vulnerable circumstances.  At Foye Legal, we help you understand how protective trusts work and if they are appropriate for your situation. In these sensitive family matters, the right lawyer is everything for achieving the best outcome.

When is a Protective Trust Used?

Protective trusts are typically established in situations such as:

How Does a Protective Trust Work?

Limitations of Protective Trusts

While protective trusts are highly effective in many situations, they may not always achieve their intended purpose. For example:

Why Consider a Protective Trust?

Protective trusts are a valuable tool for securing financial stability and care for individuals who are unable to manage their affairs or require additional safeguards. However, due to the complexities involved—especially in cases involving potential family law disputes—it is essential to seek expert legal advice.

At Foye Legal, our team can guide you through the process of establishing a protective trust, ensuring that it is tailored to meet your specific needs and complies with all legal requirements. Contact us today to learn more.

At Foye Legal, our experienced team can assist you in establishing and managing a family trust tailored to your needs.

We’re in this together

At Foye Legal, we provide expert advice on drafting, updating, and safeguarding your will to ensure it meets all legal requirements and reflects your true intentions. Whether you’re creating a new will, revising an existing one, or dealing with a contested will, our team is here to guide you through every step of the process.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

protective trusts

FAQs

A Protective Trust is a legal arrangement in Australia designed to safeguard the financial interests of a beneficiary who may be vulnerable or unable to manage their own affairs effectively. This can include individuals with disabilities, those with spendthrift tendencies, or those susceptible to undue influence. The trust ensures that assets are managed responsibly for their benefit.

In a Protective Trust, a trustee is appointed to hold and manage assets for the beneficiary. The trustee has a responsibility to act in the beneficiary’s best interests and use the trust funds for their care, maintenance, and well-being according to the terms set out in the trust deed. The beneficiary typically does not have direct control over the capital or income of the trust.

Key benefits can include protecting assets from potential misuse or creditors, ensuring the beneficiary’s ongoing needs are met, and providing a structured framework for managing their financial affairs. Depending on the specific type of protective trust (like a Special Disability Trust), there may also be social security benefits for the beneficiary or gifting concessions for donors.

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