Setting up a Special Disability Trust involves complex legal and social security rules. A specialist special disability trust lawyer in sydney ensures the trust deed is compliant, advises on eligibility, and integrates the trust into your broader estate plan to properly secure your loved one’s future.
Special Disability Trust Lawyers Sydney, NSW
PBL Law Group is a leading NSW law firm specialising in Special Disability Trusts to secure the future for your loved one.
- Expert guidance on Special Disability Trusts.
- Securing the future for loved ones with severe disabilities.
- Protecting Centrelink benefits & preserving assets.
- Tailored advice for your family's unique circumstances.
Speak to Our Special Disability Trust Lawyers Now
We will call you within 24 hours.
Who Our Special Disability Lawyers in Sydney Help
Parents of Adult Children
We help you plan for your adult child's long-term security, ensuring their care & financial future is protected.
Parents of Minors
We proactively establish trusts to provide for the future accommodation & care needs of your young child.
Grandparents & Family
We advise on contributing to a disabled family member's care through gifting concessions without affecting your Age Pension.
Guardians & Carers
We help formalise the ongoing financial support & care for a person with a severe disability in your care.
Executors of Estates
We assist Executors in establishing a Special Disability Trust required by a Will during estate administration.
Our Special Disability Trust Lawyer Services
Testamentary Special Disability Trusts
We expertly draft & integrate a compliant Special Disability Trust into your Will to protect your loved one.
Inter Vivos Special Disability Trusts
We establish a Special Disability Trust during your lifetime, allowing for immediate funding & asset protection.
Trustee Advisory Services
We provide ongoing legal advice & guidance to Trustees on compliant administration, spending rules, & reporting.
Real 5-Star Client Reviews
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Our Process to Establish Your Special Disability Trust
1
Consultation & Eligibility
We assess the beneficiary’s eligibility & discuss your family’s goals to confirm a Special Disability Trust is the right strategy.
2
Strategic Trust Structuring
Our lawyers provide expert advice on appointing trustees & structure the trust to suit your estate planning objectives.
3
Drafting the Trust Deed
We meticulously draft the Special Disability Trust deed, ensuring full compliance with the strict rules of the Social Security Act 1991 (Cth).
4
Finalisation & Trustee Guidance
We guide you through the formal signing & provide clear advice to the trustees on their legal duties.
Speak to Our Sydney Special Disability Trust Lawyers Now
We will call you within 24 hours.
Why Choose Our Special Disability Trust Lawyers
1
Clear & Simple Guidance
We provide clear, plain-English advice on the complex rules, trustee duties, & ongoing SDT requirements.
2
Empathetic & Personal Advice
We provide compassionate & tailored advice for your family’s unique & sensitive situation.
3
Pension & Asset Protection
Our focus is maximising asset protection for the beneficiary while preserving their Disability Support Pension.
4
Proven Experience
Decades of experience drafting compliant Special Disability Trusts that protect our clients’ vulnerable loved ones.
Visit Our Sydney Wills & Estate Lawyers
We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
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Security Without Pension Loss
A Special Disability Trust (SDT) is a powerful legal structure that funds the future care & accommodation needs of a loved one with a severe disability.
Its primary benefit is a generous Centrelink asset test exemption. This allows you to set aside significant assets for their quality of life without compromising their eligibility for the crucial Disability Support Pension. Our expert lawyers ensure your trust is structured to secure these vital benefits.
Don't Risk Their Pension on a Mistake
To qualify for its unique concessions, a Special Disability Trust must meet strict legal rules. It can only have one beneficiary, who must be assessed by Centrelink as having a ‘severe disability’, & the trust deed must contain specific compulsory clauses.
Any failure to meet these precise legislative requirements can result in the loss of all social security concessions. Our specialist lawyers guarantee your trust is structured for full compliance, avoiding costly errors & protecting your loved one’s financial security.
Speak to Our Special Disability Trust Lawyers in Sydney
We will call you within 24 hours.
Special Disability Trusts FAQs
What is a Special Disability Trust?
A Special Disability Trust is a specific type of trust established to provide for the future care and accommodation needs of a person with a severe disability, while protecting their eligibility for the Disability Support Pension.
Who can be a beneficiary of a Special Disability Trust?
The beneficiary must meet the strict definition of ‘severely disabled’ under the Social Security Act. This is assessed by Centrelink and generally involves being eligible for the Disability Support Pension and having significant care needs.
What is the main benefit of a Special Disability Trust?
A key benefit is that assets held in the trust (up to a certain limit, indexed annually) are exempt from Centrelink’s assets test for the beneficiary, protecting their pension entitlements.
How can a Special Disability Trust be established?
A Special Disability Trust can be created by a trust deed during a family member’s lifetime, or it can be established through specific instructions laid out in their Will, taking effect after they pass away.
Who can contribute to a Special Disability Trust?
Generally, parents and immediate family members are the primary contributors. Contributions can also come from a bequest or a superannuation death benefit.
Are there benefits for family members who contribute?
Yes. Eligible family members who gift assets to a Special Disability Trust may receive a gifting concession, which can improve their own social security position (e.g., their eligibility for the Age Pension).
What can the funds in a Special Disability Trust be used for?
The primary purpose is to fund the beneficiary’s ‘reasonable care and accommodation needs,’ such as medical expenses, specialised equipment, and housing costs.
Is there an allowance for non-essential spending?
Yes, a Special Disability Trust can pay for discretionary items not directly related to care, such as recreation or entertainment, up to an annual limit that is indexed each year.
Can a Special Disability Trust own the beneficiary's home?
Yes. If the trust owns a home that is the beneficiary’s principal place of residence, the value of that home is exempt from the Special Disability Trust’s asset limit for Centrelink purposes.
What is the asset limit for a Special Disability Trust?
The trust can hold assets up to a specific limit (indexed annually) without affecting the beneficiary’s pension. As of July 2024, this limit is approximately $813,250, plus the primary residence.
How does a Special Disability Trust differ from a regular Protective Trust?
A Special Disability Trust has strict rules on eligibility, purpose, and spending but offers significant Centrelink concessions. A regular Protective Trust is more flexible but does not provide the same social security benefits.
Who can be a Trustee of a Special Disability Trust?
The trust must have an independent professional trustee or more than one individual trustee. Trustees must manage the trust’s assets and reporting requirements in the beneficiary’s best interest.
What are the reporting requirements for a Special Disability Trust?
The trustee must provide annual financial statements and a statutory declaration to Centrelink or DVA, confirming the trust’s expenditure complied with the rules.
When is a Special Disability Trust most useful?
A Special Disability Trust is often most beneficial for families who want to provide assets for a disabled loved one that exceed the normal Centrelink assets test limit but are within the Special Disability Trust’s concessional limit.
Can the beneficiary work while being supported by a Special Disability Trust?
Yes, the person with a disability may work up to 7 hours per week in open employment or unlimited hours within the Supported Wage System without affecting their eligibility.
Does a Special Disability Trust pay income tax?
Yes, a Special Disability Trust must lodge annual tax returns. However, any undistributed income is generally taxed at the beneficiary’s personal marginal tax rate, which is more favourable than standard trust tax rates.
Can the beneficiary contribute their own assets to the trust?
No. The beneficiary (or their partner) cannot transfer their own assets into the trust, with the exception of a bequest or superannuation death benefit received within the last 3 years.
What happens to the trust assets when the beneficiary passes away?
When the beneficiary dies, the trust terminates. The remaining assets are then distributed to the residual beneficiaries as specified in the original trust deed or Will that established the trust.
Does a family member get paid for caring for the beneficiary from the trust?
No. A Special Disability Trust cannot be used to pay immediate family members for providing care, accommodation, or maintenance services to the beneficiary.
Why do I need a lawyer to set up a Special Disability Trust?
How Our NSW Wills & Estate Lawyers Can Assist You
Wills Drafting & Review
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Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).
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We prepare enduring powers of attorney to manage your future financial & legal decisions.
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We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.
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We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.
Advance Care Directives
We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.
Special Disability Trusts
We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.
Speak to Our Specialist Disability Trust Lawyers Now
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