Will Lawyer BLOG

Special Disability Trusts

The provision of ongoing care and the gifting of money from your estate for a disabled child is a constant issue of concern for many parents.

Provisions in a Will gifting property directly to a disabled child or even setting up an All Needs Protective Testamentary Trust for a disabled child may prejudice their entitlement to Centrelink benefits.

Since 20 September 2006, changes to the Social Security Act, 1991 (Cth) have allowed for the creation of a Special Disability Trust (SDT). These trusts must have the sole purpose of providing for the current and future care and accommodation of a disabled person.

Key Features –

In summary, the key features of a SDT are –

Tips and traps


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