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In today's rapidly changing legal and financial landscape, an outdated discretionary trust deed can pose significant risks to your wealth, tax efficiency, and family legacy.
10 Reasons Your Discretionary Trust Deed Could Be Putting Your Wealth at Risk
20 March 2025
•
5 minute read
Many pre-2000 trusts are now vulnerable, potentially leading to costly legal disputes, unexpected tax liabilities, and even the loss of generational wealth. Are you confident your current trust is up to the challenge?
Here are 10 Reasons Your Discretionary Trust Deed Could Be Putting Your Wealth at Risk:
1. The Ticking Time Bomb
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Your old discretionary trust deed could be putting your assets, legacy and tax efficiency at risk. The legal landscape has changed – have you upgraded? Time is money. Protect what’s yours.
2. The ‘Nokia vs. iPhone’ Moment
Would you still use a Nokia from 2000 in 2024? Then why rely on an outdated discretionary trust deed when modern trust structures like Leading Member and Family Protection Trusts exist?
Avoid tax traps, legal disputes and financial disasters.
3. The Accountant’s Nightmare
Accountants & Financial Advisers: Your clients’ old trust deeds could be riddled with risks – succession failures, tax liabilities and lost wealth. If you’re not recommending modern trust upgrades, you’re putting your clients and your reputation at risk.
4. The Costly Case Study
A family lost $1.2 million due to an outdated discretionary trust deed with:
- No succession planning
- No CGT protection
- No named beneficiaries
5. The Hidden Risk
The real danger in your discretionary trust deed? It could trigger massive tax liabilities, legal battles and loss of generational wealth.
- If your trust is pre-2000, it’s outdated.
- If you upgrade now, you avoid a resettlement.
6. The ‘Why Risk It?’ Question
Why gamble with your family’s wealth?
- Old trust deeds = outdated tax rules, missing succession planning and unnecessary risks.
- Fix it now – without costly resettlements.
7. The ‘What Would You Do?’ Test
If your discretionary trust deed could either protect your family’s future or destroy it – would you fix it? The solution is easier than you think.
8. The ‘Before & After’ Wake-Up Call
Before:
- Unprotected trust
- Unnamed beneficiaries
- Risk of huge tax penalties
After Upgrading:
- Bloodline protection
- Perpetual wealth security
- Non-CGT estate planning
Transform your trust – without resettlement.
9. The ‘Ask the Expert’ Check-In
Q: Do I really need to upgrade my discretionary trust?
A: Yes. Trust laws and tax rules have evolved. If your deed is outdated, you risk unnecessary tax liabilities and succession failures.
10. The ‘Last Chance’ Reminder
If your discretionary trust deed is pre-2000, you’re taking a serious risk. Don’t wait until it’s too late.
Secure Your Family’s Wealth – Book Your Free Discovery Session Today
Your discretionary trust deed could be putting your assets, tax efficiency and legacy at risk. Upgrading is easier and more affordable than you think – but you need to act now.
Book a free 15-minute Discovery Session with our experts to review your trust deed and explore the best upgrade options for your situation.
Join our free webinar on 27th March to learn how to safeguard your wealth and avoid costly legal and tax mistakes.
Book Your Free Discovery Session
Act now to protect what’s yours!
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