Trusts
The Public Trustee and Guardian offers professional trustee management, ensuring impartiality, compliance, and ethical stewardship. This is especially important when family dynamics are complex or when beneficiaries require long-term care and financial oversight. By choosing the Public Trustee and Guardian, individuals gain peace of mind knowing their assets are managed with integrity and transparency along with ensuring that every trust is handled responsibly and in the best interests of those it is designed to support.
What is a Trust
A trust is a legal arrangement that allows a person or entity to transfer assets to a trustee, who then manages those assets for the benefit of one or more beneficiaries. Trusts are widely used in estate and business planning, asset protection, and financial management, offering financial benefit, flexibility and control over how assets are distributed and used. They are particularly valuable in situations where beneficiaries may be minors, have disabilities, require long-term financial support or establish enduring charitable legacies.
Why Trusts Matter
Trusts are powerful tools for long-term financial planning and personal protection. They can help:
- Safeguard and preserve assets
- Provide financial security for children and dependants
- Support people with disability or impaired capacity
- Deliver tax effective income distribution
- Ensure long-term care and accommodation needs are met
- Establish multi‑generational or perpetual charitable legacies
- Provide structure and stability in blended or complex families
Types of Trusts We Manage
The Public Trustee and Guardian administers a broad range of trusts to meet the diverse needs of individuals, families and the community. Each trust type serves a different purpose and is managed with the highest standards of fiduciary care. These include:
Testamentary Trusts
Testamentary trusts are created through a Will and come into effect upon the Will maker’s death. They are commonly used to provide long-term financial support to children, dependants with special needs, or vulnerable adults.
These trusts also offer tax advantages and strong asset protection, especially useful in situations of financial instability, family breakdown or blended families.
Protective Trusts
Protective trusts support beneficiaries who may be vulnerable due to age, illness, disability or financial immaturity. The trustee manages and controls distributions to ensure the beneficiary’s long-term welfare, financial stability and protection from exploitation.
Discretionary Trusts
A discretionary trust allows the trustee to decide how income is distributed among beneficiaries during a financial year.
Key benefits include:
- Tax efficiency, as distributions can be tailored to each beneficiary’s circumstances
- Asset protection from creditors or legal claims
- Flexibility to address changing needs over time
Discretionary trusts are often used as part of estate planning, especially where assets increase after death (such as superannuation or life insurance proceeds).
Court Appointed Trusts
A court appointed trust is established by judicial order to manage and distribute assets for the benefit of a specific individual or group.
The trustee operates under the direction of the Court, ensuring distributions comply with legal and fiduciary requirements. These trusts may also provide tax advantages and asset protection depending on their structure.
Special Disability Trusts
Special Disability Trusts are designed to support individuals with severe disabilities by allowing families to set aside funds for long-term care and accommodation.
These trusts offer significant advantages, including the ability for the beneficiary to retain eligibility for government benefits. We ensure full compliance with legislative requirements and manage these trusts with sensitivity and professionalism.
Charitable Trusts
Charitable trusts are created to support philanthropic causes, specific charities or community initiatives.
The Public Trustee and Guardian ensures that funds are distributed ethically and in accordance with the donor’s wishes, maintaining transparency and public accountability.
We also serve as trustee for GreaterGood – The Capital Region Community Foundation, which provides a lasting vehicle for local charitable giving.
Establishing a Trust
Selecting a trustee is a critical step in creating a trust. Trustees must understand law, investment, taxation, accounting and fiduciary responsibilities.
The Public Trustee and Guardian offers a wide range of benefits that extend beyond simple asset management. Trusts are powerful tools for protecting wealth, supporting loved ones, and ensuring that financial and personal wishes are carried out with integrity and precision.
1. Asset Protection
Trusts can safeguard assets from financial risks such as bankruptcy, legal claims, or family disputes. By placing assets in a trust, they are legally separated from personal ownership, offering protection against creditors and ensuring that they are preserved for the intended beneficiaries.
2. Support for Vulnerable Individuals
Trusts are particularly valuable for supporting individuals who may be unable to manage their own finances due to age, disability, or other vulnerabilities. The trustee ensures that funds are used appropriately, providing ongoing financial stability without compromising government entitlements.
3. Estate Planning and Succession
Trusts allow for structured and strategic estate planning. Testamentary trusts, for example, can provide for children or dependents in a controlled and tax-effective manner.
4. Tax Efficiency
Certain trust structures offer tax advantages, particularly in managing income distributions and capital gains. Trustees can apply tax strategies that align with the trust’s objectives while remaining compliant with relevant laws.
5. Professional Management
By appointing the Public Trustee and Guardian, individuals gain access to experienced, impartial professionals who manage the trust with transparency, accountability, and legal expertise. This is especially beneficial in complex family situations or when long-term administration is required.
6. Financial Investment
The Public Trustee and Guardian is committed to the professional management of trust funds to ensure that the value of client assets is preserved and enhanced in line with our fiduciary obligations. Our investment strategy is designed to deliver strong, sustainable returns utilising a mix of diversified products to invest trust funds, while maintaining prudent oversight and governance achieve the best outcome for our clients. We aim to achieve above average investments returns whilst managing risk effectively for the beneficiaries. Investments - Public Trustee and Guardian
7. Peace of Mind
Ultimately, establishing a trust provides peace of mind. It ensures that assets are managed responsibly, beneficiaries are provided for, and the person’s wishes are respected.
Our commitment
The Public Trustee and Guardian is committed to delivering ethical, transparent and client focused trust management for individuals, families and the ACT community. Whether your goal is to provide for children, protect vulnerable beneficiaries, or create a lasting charitable legacy, we offer trusted public stewardship backed by experience and accountability.
For more information on our services, please obtain a copy of the Public Trustee and Guardian Trust Services Prospectus.
To speak with us about establishing or managing a trust, contact us at:
Phone: 02 6207 9800 | Email: ptg_tt1@act.gov.au
Your Partner in Trusted Financial Stewardship