Family & Testamentary Trusts — NSW
Protect what you’ve built and provide for the people who matter, with a trust structured properly from the outset by our team of experienced lawyers, including Accredited Specialists in Wills and Estates.
Why Families Set Up a Trust
A trust can do far more than simply pass on assets — structured correctly, it protects wealth from creditors and relationship breakdowns, manages inheritances for children or vulnerable beneficiaries, and can reduce the tax paid by the people who receive it. At Southern Waters Legal, we help individuals, families and business owners across Cronulla, Menai and Sydney CBD get the structure right the first time.
How We Can Help
Testamentary Trust Wills
(a trust created within your Will, activated when you pass away)
Family (Discretionary) Trusts
(asset protection & tax planning during your lifetime)
Trust structuring advice for your specific circumstances
Reviewing or updating an existing trust
Trustee duties, trust deeds & succession planning
Enquire About Family & Testamentary Trusts
What Happens When You Contact Us?
Local Sutherland Shire estate lawyers since 2009
Fixed-fee Family & Testamentary Trusts
Offices in Cronulla, Menai and Sydney CBD
When a Trust Makes Sense
Trustee duties, trust deeds & succession planning
Providing for minor children or a beneficiary who isn't ready to manage a lump sum
Blended families, where you want more control over who ultimately benefits
Business owners planning succession or protecting business assets
Reducing tax paid by beneficiaries on income from inherited assets
Why Choose Southern Waters Legal for Trusts
Experienced lawyers, including Accredited Specialists in Wills and Estates
An Accredited Specialist in Wills & Estates is the highest formal recognition for solicitors in this area of law in NSW
Transparent fixed-fee pricing for trust structuring and drafting
Convenient offices in Cronulla, Menai and Sydney CBD
Video appointments are also available
Trusted by Sutherland Shire families since 2009
Same-day callback available where possible
Practical legal advice tailored to your needs
Our Accredited Specialists in Wills & Estates
Southern Waters Legal has two Accredited Specialists in Wills & Estates, the highest formal recognition for solicitors in this area of law in NSW, based across our Sydney CBD, Menai and Cronulla offices, with online video appointments also available.
How We Structure Your Trust
Our experienced estate planning lawyers will guide you through every step of structuring your trust, from your initial consultation through to signing and, where relevant, transferring assets into the trust.
FAQ
FREQUENTLY ASKED QUESTIONS
What's the difference between a family trust and a testamentary trust?
A family trust is set up during your lifetime, usually for tax and asset protection. A testamentary trust is created within your Will and only comes into effect when you die, giving your beneficiaries a structure to receive their inheritance through rather than outright.
Do I need a trust, or is a straightforward Will enough?
It depends on your estate, family situation and goals. If asset protection, blended families or minor beneficiaries are a concern, a trust is worth discussing. We can advise honestly on what you actually need.
Does a trust protect assets from creditors or a relationship breakdown?
It can, depending on how the trust is structured and administered. This is one of the main reasons families use testamentary trusts for adult children.
Can a testamentary trust reduce tax for my beneficiaries?
In some cases, yes. A testamentary trust can allow income to be taxed at lower rates for beneficiaries, including children, rather than the higher penalty rates that usually apply. Whether it applies to you depends on your family’s circumstances.
Can I set one up at the same time as my Will?
Yes — a testamentary trust is set up within your Will itself, so it’s usually sorted as part of one complete estate plan.
Do you have offices nearby?
Yes — Cronulla, Menai, and Sydney CBD with online appointments also available.
Haven't Set Up a Trust Yet?
Many people assume trusts are only for the wealthy, or put off the decision until it’s too late to get the structure right. A simple conversation today can help protect what you’ve built and give your family clarity for the future.
Speak to Our Team
Book a confidential consultation today. Our Client Services team will call you back the same business day if you enquire before 3 pm.
What Our Local Clients Say
"If we could give more stars, we would! We needed complex estate planning, including mutual wills, finalised within just seven days ahead of major surgery, and the team rose to the challenge without hesitation. Every step was handled with efficiency, compassion, and clear explanations, even navigating the complexities of a blended family. We wouldn't hesitate to recommend Southern Waters Legal."
— Viv
Estate Planning Client
"The entire team at Southern Waters were so helpful to our family in a time of need. Their professionalism, care and advice were extremely appreciated."
— Rachel
Estate Planning Client
"Thank you for your very friendly and professional help in getting all of our affairs sorted in such a short time. We are very glad we came to Southern Waters Legal, and we're really appreciative of the professional manner and advice with which we received."
— Wayne & Margaret
Estate Planning Clients
"Professional and personal. Happy to answer all questions with understandable answers. Made our estate planning straightforward."
— Ken
Estate Planning Client