The no vesting date – any trust set up in SA doesn’t have to have a vesting date. In theory it could go on past 80 years, but just because there is no vesting date doesn’t mean it won’t vest. A beneficiary can force it to. But would SA law apply to a trust set up in QLD which nominates SA as the applicable law? Would the trustee need to be located in NSW, would the trust assets need to be located in SA. All these questions cannot be answered because these laws are less than 80 years old.

Most discretionary trusts would have the ability to distribute to lower income earning beneficiaries.

Asset protection will depend on the terms of the trust and how the trust transacts. A person using it as an extension of themselves would weaken asset protection considerably.

New beneficiaries can be added, but stamp duty and CGT issues arise. Broad wording can mean people that don’t yet exist are potential beneficiaries – grand children etc.

If you die any assets you hold as trustee do not pass via your will. Your position as beneficiary doesn’t pass via your will, any appointor postion could pass via you will, but probably shouldn’t. The trust will survive you and keep going under different control. YOu have to make sure that this control falls into the right hands.

The type of trust recommended will depend on your situation and what you are trying to achieve.

I charge $1500 plus GST to set up a trust, including 2 hours of legal advice and customising the deed.

A trust must lodge a separate tax return so there would be extra fees for this at tax time.

There are no good books on this topic – best is probably the Trust Structuring Guide which is very costly, but it is not so comprehensive – doesn’t discuss land tax at all from memory.

Yes, you could put down an offer which involves a long cooling off period, subject to finance, subject to building inspection etc. This way you can pull out and get your full deposit back if you cannot meet the condition.

Another option is to use an option agreement, but this is for more longer periods.

Yes many ways to set this could potentially.

First, try a different lender
Secondly, ask the bank what you could borrow without the wife. See how much the short fall is
thirdly, is it possible for your wife to borrow on her own and lend you and the other person the money.
4th – it is possible for you to borrow some on other property and lend your mate the short fall?

No it doesn’t if by ‘partner’ you mean spouse. If not a spouse then you would not find a lender I think.
Not all banks allow this either BTW – AMP recently insisted that they would only lend to my clients if they purchased at least 90/10 together but not if just 1 was on title. All the majors should be fine.

If maximising her pension is the goal it would depend on how much cash she comes out with. If a small amount it won’t make a difference. If a larger amount it might be worth her while buying a main residence.

You mean if you buy as trustee of a trust?

it will depend on the state legislation where you are buying, but you would generally qualify I think.

who pays the ongoing expenses? what about land tax?
How you thought about ownership structure?
How will you fund the deposit?
Do you expect the values to increase?
Any options to renew?
Have you had the lease reviewed?
What is the cash on cash return?
What is the opportunity cost of investing in this – tying up deposit, using borrowing capacity etc.

There is generally no CGT on subdivisions – but just income tax. Don’t forget to factor in GST too and you also need to consider structuring the loan so as to maximise deductions. you need specific tax advice.

A an oral contract for land is generally unenforceable. It needs to be in writing, but this doesn’t necessarily need to be a formal contract, it could be via email or the back of an envelope. Best to ask your lawyer.

I don’t deny that.