Leading Member SMSF

How to Exclude Individuals for Beneficiaries in a Leading Member Discretionary Trust (Individual and Corporate) document?

To exclude beneficiaries, you must complete the document first. Next, complete the 'Changes to Discretionary Trust Positions and Name' document. Then, remove the “beneficiaries" and add the individuals there. 

Q: What if the beneficiaries to be excluded are not part of the current beneficiaries? Should they do a Will?

A: You can exclude anyone by name so that they can never be beneficiaries. You can also do a Will. 

Q: Where should you place the individuals and what documents should be used?

A: You can use the Changes to Discretionary Trust Positions and Name. Otherwise, in the Will, it should be under the excluded beneficiaries. 

 

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024