MGS are Australia's leading provider of Trusts for ownership of property.
We offer many specialised versions including:

• NSW Land Tax Unit Trust which offers access to the NSW Land Tax Threshold for multiple unitholders - Mum, Dad and even a SMSF.
• VIC / WA Property Trust
• Property Developer Trusts

Most MGS unit trusts come in THREE VERSIONS - Trustee Discretion, Absolute Entitlement and % Consent (Up to 100%) dealing with redemption rights as well as ability to issue further units, vest and change the terms of the trust.

CLICK HERE for our detailed Property Unit Trust Information.

Unit Trust

This type of trust is established with the payment of an Initial Amount to the Trustee, to be held for the benefit of the Beneficiaries who are the Unitholders. The Unitholders may remove or replace the Trustee. On the Vesting Day, the Unitholders are entitled to the whole of the Trust Fund. Until that day distributions of income or capital are made in proportion to the number of units held by the Unitholders, with reference to their unit certificates and the Deed of Settlement. Most MGS unit trusts come in THREE VERSIONS - Trustee Discretion, Absolute Entitlement and % Consent (Up to 100%) dealing with redemption rights as well as ability to issue further units, vest and change the terms of the trust.

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A hybrid unit trust has all the features of a unit trust, but also vests the Trustee with the ability to issue 'special units'. The rights as to income and/or capital of the Trust Fund attaching to the special units is determined by the Trustee in its absolute discretion, and are described in the Certificate of Units. The usual obligation of the Trustee of a unit trust to distribute the income or capital of the trust in proportion to the number of units held by the Unitholders may be altered in a hybrid unit trust, where there are special units on issue, such that the holders of such units may be entitled to receive preferential distributions of income and/or capital. Special Units may be issued so that the a unitholder can lend funds at an agreed rate and avoid a loan agreement.

The MGS HUT is available with FOUR VERSIONS - Trustee Discretion, Absolute Entitlement, % Consent (Up to 100%), and Special Income Unit - Discretion dealing with redemption rights as well as ability to issue further units, vest and change the terms of the trust.

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This type of trust is established with the payment of a Settlement Sum to the Trustee, to be held for the benefit of the Beneficiaries. The Appointor may remove or replace the Trustee. On the Vesting Day, the Beneficiaries are entitled to the whole of the Trust Fund. Until that day, distributions of income or capital are made at the discretion of the Trustee, in accordance with the Deed of Settlement, ie. the Trustee may distribute all of the net trust income to one Beneficiary to the exclusion of others, equally amongst the Beneficiaries or disproportionately amongst the Beneficiaries. MGS offers Discretionary Trusts with or without a "Controller" who provides an additional form of protection beyond the appointor. The Controller must give a trustee consent to alter the trust, add beneficiaries and vest.

All MGS Discretionary Trusts allow income and capital to be separately determined and allow streaming, amounts set aside on sub-trust and comply with the Forrest and Bamford decisions.

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A hybrid discretionary trust has all the features of a discretionary trust, but also vests the Trustee with the ability to issue 'special units'. The rights as to income and/or capital of the Trust Fund attaching to the special units is determined by the Trustee in its absolute discretion, and are described in the Certificate of Units. Several options are available but 'market value' is generally used for redemption. The usual ability of the Trustee of a discretionary trust to distribute the capital and net income of the trust at his sole discretion may be limited in a hybrid discretionary trust, where there are special units on issue, such that the holders of such units may be entitled to receive preferential distributions of income and/or capital. MGS offers Discretionary Trusts with or without a "Controller" who provides an additional form of protection beyond the appointor. The Controller must give a trustee consent to alter the trust, add beneficiaries and vest.

All MGS Discretionary Trusts allow income and capital to be separately determined and allow streaming, amounts set aside on sub-trust and comply with the Forrest and Bamford decisions.

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A class discretionary trust has all the features of a discretionary trust, but compels the Trustee to distribute certain proportions of the income and capital of the trust to specified groups of Beneficiaries (Class A , B etc), and to then make discretionary distributions of those proportions amongst the members of the respective groups, This trust has all the features of fixed entitlements between A, B etc and then allows the Trustee to distribute A's entitlements to beneficiaries within A's family group and so forth. MGS offers Discretionary Trusts with or without a "Controller" who provides an additional form of protection beyond the appointor. The Controller must give a trustee consent to alter the trust, add beneficiaries and vest.

All MGS Discretionary Trusts allow income and capital to be separately determined and allow streaming, amounts set aside on sub-trust and comply with the Forrest and Bamford decisions.

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This type of trust is established with the payment of a Settlement Sum to the Trustee, to be held for the benefit of the Beneficiaries. The Appointor may remove or replace the Trustee. On the Vesting Day, only the Capital Vested Beneficiaries are entitled to the whole of the Trust Fund. Until that day, distributions of capital (but only to the Capital Vested Beneficiaries) or income are made at the discretion of the Trustee, in accordance with the Deed of Settlement, ie. the Trustee may distribute all of the net trust income to one Beneficiary to the exclusion of others, equally amongst the Beneficiaries or disproportionately amongst the Beneficiaries.

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This type of trust is established by the Will of a person. Upon their passing, the Will instructs the Executor of the Deceased's Estate to create a testamentary trust, which is a hybrid. The Will includes Guardianship, Power of Attorney, Deed of Mutual Wills and contains extensive options for multiple Trustees, Beneficiaries, Bloodline rights, Funeral instructions, Organ Donation, gifts and much more. Written by one of Australia?s leading estate planning law specialists. As each circumstance is very likely to necessitate a different approach, please contact us for further details and a detailed instruction document.

As each circumstance is very likely to necessitate a different approach, please contact us for further details and a detailed instruction document.