Trusts and Asset Protection

With over 30 years’ experience working with trusts, we are recognised specialists in the design and implementation of Family Trusts, Discretionary Trusts, Unit Trusts and Private Trust structures. Trusts have been a core part of our professional practice for decades, and remain one of the most powerful tools available for protecting assets and managing wealth when they are established correctly.

Our founder, Catherine “Cass” Smith, has worked with trusts throughout her entire professional career and wrote her Master of Tax Law thesis on trust structures more than 20 years ago. Since then, she has helped clients across Australia establish and manage trusts for property ownership, business operations, estate planning and long-term wealth protection. This deep technical knowledge, combined with real-world experience, allows us to design trust structures that are practical, compliant and tailored to each client’s situation.

In today’s legal and financial environment, trusts are more important than ever. They play a vital role in asset protection, shielding family homes and investments from business and personal risk, providing flexibility for tax planning, and ensuring that wealth is transferred efficiently and securely to future generations. When properly structured, a trust can protect not only what you own today, but what you will build over your lifetime.

At Freedom Financial Solutions, we don’t believe in “off-the-shelf” trusts. Every trust we establish is designed with a clear purpose — whether that is protecting property, safeguarding business assets, planning for succession, or preserving family wealth. Our focus is on creating structures that provide certainty, control and peace of mind, so you can move forward knowing your assets and your family are properly protected.

Which trust is best for you?

There is no single “best” trust — the right structure depends on who is involved, what assets are being protected, and what you are trying to achieve.
Some trusts are best suited to families and long-term investing, while others are designed for business partnerships or for protecting wealth across generations. Choosing the correct trust structure is essential for ensuring both asset protection and tax effectiveness.

Read on below and at the links for more information on what type of trust might suit you.

What is the difference between a standard family/discretionary trust and a Family Protection Trust? Read here.

Family / Discretionary Trust

Common use: Family wealth and business ownership

Best for: Families, couples, related parties, or very trusted associates

Ownership style: Discretionary – trustee decides who receives income and capital

Asset Protection Focus: High (when structured correctly)

Typical Situations: Residential investment property, family businesses, long-term investing, income streaming within families

Family Protection Trust (Living / Bloodline Trust)

Common use: Long-term asset protection and succession

Best for: Families wanting to protect assets for children and future generations

Ownership style: Controlled distributions over time

Asset Protection Focus: Very High)

Typical Situations: Protecting the family home, large estates, inheritance planning, shielding assets from divorce or business risk

Unit Trust

Common use: Joint ventures and partnerships

Best for: Independent or unrelated parties investing together

Ownership style: Fixed units (like shares)

Asset Protection Focus: Medium

Typical Situations: Business partnerships, commercial property, development projects, co-ownership between unrelated investors

Testamentary Trust

Common use: Estate planning after death

Best for: Anyone wanting to control inheritance

Ownership style: Controlled by Will

Asset Protection Focus: High

Typical Situations: Protecting inheritances, providing for minors, blended families, vulnerable beneficiaries

Private Trust

Common use: Confidential asset holding

Best for: People wanting privacy and discretion

Ownership style: Depends on trust type used

Asset Protection Focus: Medium to High

Typical Situations: Holding assets privately, estate planning without public registration, non-income producing trusts