Unit Trust Deed

Issued within 5 minutes Cost: $150
Issued within 5 minutes Cost: $150

Unit Trust Deed

A Unit Trust, also known as a Fixed Trust, is a trust where beneficiaries hold units that represent a fixed interest in the trust’s assets and income. Each unit holder is entitled to a share of the trust’s income and capital based on the number of units they hold. Unit Trusts are often used in investment structures and real estate projects.

Key features

  • Beneficiaries hold units, which represent a fixed proportion of the trust’s assets,
  • Income and capital distributions are proportional to the number of units held,
  • Unit holders typically have a predetermined entitlement to distributions, based on their unit holdings,
  • Commonly used for collective investment schemes and real estate ventures.

Learn more

You can find more information by visiting – what is a unit trust and setup a unit trust guide.

Unit Trust Deed

Unit Trust Deed FAQs

Your Title Goes Here
What name can I call my trust?
You can call your trust anything you like, however it is good practice to make the name descriptive of what it is. For example, it is better to use ‘The Jones Family Trust’ rather than just ‘Jones’. This makes it much easier for entities that deal with your trust, so they know what it is. Also remember that this name is going to appear on bank accounts, share registers.

Discretionary and Unit trusts are not registered with a governing body like companies or businesses. Therefore it is common for there to more than one trust with the same name. For example if you search for ‘SMITH FAMILY TRUST’ on the Australian Business Register you will find many examples. This is fine, asset management or distributions will never be confused as your Trust’s unique ABN will be used to identify it.

Should my trust have a corporate or individual trustee?

This will come down to your personal circumstances. Individual trustees are cheaper and easier to start out with, but they can make things more complicated down the track. The drawbacks of individual trustees are:

Liability – The trustee acts on behalf of the trust and manages it. If something goes wrong the individual trustee may be liable.

Clarity – The trustee is the legal owner of any property belonging to the trust. If the trustee ever gets into financial troubles it can be difficult to distinguish between assets held personally and those held for the trust.

Administration – If the trustee ever changes or dies then it can cause major headaches. The legal title of all assets would have to be changes and it can cause other administrative problems.

Using a company as trustee removes all the issues with individual trustees. Directors and shareholders in the company have the benefit of limited liability, if the sole duty of the company is to be trustee then there is clarity of asset ownership, and it is easy to change the directors of the company without changing the legal title of assets.

Do I have to pay stamp duty on my trust?
Whether or not you need to pay stamp duty depends on the jurisdiction over the trust deed. Please see the below table on how much stamp duty needs to be paid and the governing office.

Jurisdiction Office Stamp Duty Stamp Duty on counterpart Due Date
ACT ACT Revenue Office
Plaza Level, Canberra Nara Centre
Cnr London Circuit & Constitution Avenue CANBERRA CITY ACT 2600PO Box 293, CANBERRA CITY ACT 2600 (02) 6207 0028
Nil Nil N/A
NSW Office of State Revenue
Lang Centre, Cnr Hunter & Marsden Streets PARRAMATTA NSW 2150GPO Box 530, SYDNEY NSW 2001 1300 139 814 (02) 9689 6200
$500.00 $10.00 on each 3 months from date of deed
NT Territory Revenue Office
4th Floor, Cavenagh House, 38 Cavenagh Street DARWIN NT 0800GPO Box 1974, DARWIN NT 0801 1300 305 353 (08) 8999 7406
$20.00 $5.00 60 days from date of deed
QLD Office of State Revenue
Upper Plaza, 33 Charlotte Street BRISBANE QLD 4000GPO Box 2593, BRISBANE QLD 4001 1300 300 734
Nil Nil N/A
SA Revenue SA
State Administration Centre Ground Floor, 200 Victoria Square ADELAIDE SA 5000GPO Box 1353, ADELAIDE SA 5001 (08) 8226 3750
Nil Nil N/A
TAS State Revenue Office
80 Elizabeth Street HOBART TAS 7000GPO Box 1374, HOBART TAS 7001 (03) 6233 3100
$20.00 $5.00 3 months from date of deed
Vic State Revenue Office
Level 2, 121 Exhibition Street MELBOURNE VIC 3000GPO Box 1641, MELBOURNE VIC 3001 Telephone: 13 21 61
$200.00 Nil 30 days from date of deed
WA Office of State Revenue
200 St George’s Terrace PERTH WA 6845GPO Box T1600, PERTH WA 6845 (08) 9262 1100
Nil Nil N/A
What is the difference between Discretionary Trust, Unit Trust, and Bare Trust?
The key differences lie in beneficiary control, entitlement, trustee discretion, and the purposes for which each type of trust is commonly used. Discretionary Trusts provide flexibility in distributions, Unit Trusts allocate benefits based on unit holdings, and Bare Trusts grant immediate ownership to beneficiaries. The choice of trust type depends on the specific goals, beneficiaries, and assets involved in the trust arrangement.
Can a trustee also be a unitholder?
Yes, a trustee can hold units of the trust. When filling out our form simply assign the unitholder role to the trustee.