Charitable Trust & Foundation Lawyers
- Expert legal advice for establishing charitable trusts.
- Guidance on philanthropic structuring and foundations.
- Support with trust deed amendments and ACNC compliance.
- Protecting your philanthropic goals for the future.
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Our Services
Our Charitable Trust & Foundation Services
LawBridge Lawyers & Consultants offers a complete suite of legal services for establishing and managing charitable trusts and foundations. Our experienced charitable trust lawyers provide practical advice to help you structure your philanthropy effectively and ensure ongoing compliance.
1
Charitable Trust and Foundation Establishment
We provide expert legal advice on establishing the right philanthropic structure for your goals, whether a charitable trust, a Public Ancillary Fund (PuAF), or a Private Ancillary Fund (PAF). Our team drafts the trust deed and manages the entire setup process.
2
ACNC Registration and DGR Endorsement
Our lawyers assist with registering your charitable trust with the Australian Charities and Not-for-profits Commission (ACNC). We also manage applications to the ATO to secure Deductible Gift Recipient (DGR) status, enabling your trust to receive tax-deductible donations.
3
Trust Deed Amendments and Variations
We provide legal services for amending existing trust deeds to reflect changes in purpose or operations. This includes advising on and preparing applications for trust variation schemes to ensure your trust remains effective and compliant over time.
4
Ongoing Trust Administration and Compliance
Our team provides ongoing legal support to trustees. We advise on your duties and obligations, assist with ACNC reporting and compliance issues, and provide guidance on managing bequests and protecting trust property from legal challenges.
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Our Tailored Approach to Charitable Trusts & Foundations
Our approach is centred on delivering practical legal solutions that empower you to establish an effective philanthropic structure, meet all regulatory demands, and ensure your charitable vision is realised.
Understanding Your Philanthropic Vision
We begin by gaining a thorough understanding of your charitable goals and the causes you wish to support. This foundational step allows us to provide tailored legal advice on the most appropriate structure—whether a trust or a foundation—that aligns precisely with your long-term philanthropic vision.
Developing a Strategic Trust Structure
Our approach focuses on creating a robust and compliant legal structure for your philanthropy. We consider ACNC and ATO requirements, DGR eligibility, and asset protection to develop a trust deed and governance framework that is both effective and sustainable for the future.
Implementation and Ongoing Compliance Support
We assist with the hands-on implementation of your charitable trust or foundation, from drafting the trust deed to lodging ACNC and DGR applications. Our ongoing support helps trustees manage their legal obligations, ensuring continuous compliance and the effective administration of your fund.
Why Choose LawBridge as Your Charitable Trust Lawyer
Choosing the right legal partner is essential for establishing and managing your philanthropic legacy. LawBridge Lawyers & Consultants provides expert, tailored support to help you navigate the complexities of charitable trusts and foundations with confidence.
Experienced Charitable Trust Lawyers
Our team brings extensive legal expertise to the creation and administration of philanthropic structures. We provide strategic advice on establishing charitable trusts, Private Ancillary Funds (PAFs), and Public Ancillary Funds (PuAFs) to align with your goals.
Deep Understanding of Trust & Tax Law
LawBridge Lawyers & Consultants offers deep insight into the ACNC and ATO requirements for charitable trusts. We have a thorough understanding of DGR endorsement, tax deductibility, and compliance, ensuring your structure is effective and legally sound.
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Team
Meet Our Dedicated NFP & Charity Law Team
The LawBridge team includes dedicated not-for-profit lawyers focused on providing exceptional legal support to charities and not-for-profit organisations. We understand the unique operational environment and legal complexities faced by the NFP sector.
Adam Jacobs
Partner & Co-Founder
Ramia Abdo Sultan
Partner & Co-Founder
Mohamad Kammoun
Managing Partner & Co-Founder
Comprehensive Not-for-Profit & Charity Law Services
LawBridge offers a comprehensive suite of legal services tailored to the specific needs of the not-for-profit (NFP) and charity sector.
NFP Governance & ACNC Compliance
Strengthen governance and meet ACNC requirements with legal advice on board duties, reporting, and regulatory obligations.
NFP Employment & Workplace
Navigate employment law confidently with guidance on hiring, contracts, workplace policies, disputes, and regulatory compliance.
Government Funding Agreements for NFPs
Understand and manage government funding contracts with legal support for obligations, compliance, and risk mitigation.
NFP Tax Concessions & DGR
Clear guidance on securing tax concessions and DGR status, with support for eligibility, applications, and compliance.
Charity Fundraising, Donations & Sponsors
Ensure your fundraising activities meet legal standards with advice on compliance, donor agreements, and fundraising regulations.
NFP & Charity Set-Up
Start strong with legal guidance on structure, registration, charitable status, and long-term compliance planning.
Charity Disputes & ACNC Investigations
Resolve internal and external disputes and respond to investigations with expert legal support tailored to charitable organisations.
NFP Mergers, Corporate Restructuring & Collaborations
Strategic legal advice for mergers, restructures, and partnerships that align with your mission and regulatory obligations.
NFP Intellectual Property
Protect your brand, content, and innovations with legal advice on trademarks, copyright, licensing, and IP strategy.
Property Lawyers for NFPs
Expert legal support for leasing, acquiring, and managing property assets aligned with your charitable objectives.
Charitable Trust & Foundations
Expert support for establishing and managing trusts and foundations, ensuring compliance, governance, and long-term charitable impact.
Social Enterprise for NFPs
Build sustainable impact with legal advice on hybrid models, income generation, governance, and regulatory compliance.
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Establish Your Charitable Foundation with Our Expert Legal Team
What is a Charitable Trust in Australia?
A charitable trust is a legal structure where assets are held and managed by a trustee for a specific charitable purpose, not for the benefit of any individual. It is a powerful way for individuals, families, or businesses to create a lasting philanthropic legacy and support causes that matter to them.
For a trust to be considered charitable, its purpose must align with categories defined by law, such as the relief of poverty or the advancement of education. Our charitable trust lawyers provide the legal advice to ensure your trust is structured correctly to meet these requirements.
Setting Up a Charitable Foundation (PAF & PuAF)
Beyond a standard trust, you can establish a philanthropic structure like a Private Ancillary Fund (PAF) or a Public Ancillary Fund (PuAF). A PAF is often used by families and businesses to manage their giving, while a PuAF can collect donations from the public.
Setting up a charitable foundation involves complex legal and operational requirements. We provide the expert legal help to navigate these structures, ensuring your foundation is compliant and effective in achieving its philanthropic goals.
The Importance of DGR Status for Your Trust
One of the main benefits of a charitable trust is the ability to receive tax-deductible donations. To do this, your trust must be registered as a charity with the ACNC and endorsed by the ATO as a Deductible Gift Recipient (DGR).
Securing DGR status is a key part of philanthropic structuring advice. The process is detailed and requires careful preparation of your trust deed and application. We provide the specialist legal support to manage your DGR application and ACNC compliance.
Wills and Bequests for Charitable Trusts
Many philanthropists choose to support charities through their Will by leaving a bequest. A charitable trust can also be established via a Will (a testamentary trust) to manage a significant gift and ensure it is used according to your wishes.
It is crucial that your intentions are legally protected through a well-drafted Will. We provide legal services for wills and bequests for charities, creating clear giving structures and strategies to safeguard your legacy from potential legal challenges.
Insights
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Frequently Asked Questions About Charitable Trusts & Foundations
LawBridge empowers philanthropists and trustees with expert legal guidance. Discover clear answers to key questions about charitable trust structures, ACNC compliance, and foundation governance.
What is a charitable trust?
A charitable trust is a legal structure where assets are held by a trustee exclusively for a charitable purpose, such as the relief of poverty or advancement of education, and not for the benefit of specific individuals.
What is the main benefit of using a charitable trust for donations?
A major benefit is that a properly structured and endorsed charitable trust can receive tax-deductible donations. This means donors can claim their contributions to your trust as a deduction on their income tax return.
Does a charitable trust need to be registered with the ACNC?
Yes. For a trust to be considered a ‘charitable trust’ and be eligible for tax concessions, it must be registered as a charity with the Australian Charities and Not-for-profits Commission (ACNC).
What is the difference between a Private and Public Ancillary Fund?
A Private Ancillary Fund (PAF) is a type of charitable trust typically used by a family, individual, or business to manage their philanthropic giving. A Public Ancillary Fund (PuAF) is a trust that can seek donations from the general public.
What is a trust deed?
A trust deed is the foundational legal document that establishes the trust. It outlines the trust’s charitable purpose, names the trustee, and sets out the rules for how the trust will be managed and how funds will be distributed.
Can a trust deed be changed or amended?
Yes, it is often possible to amend a trust deed to adapt to changing circumstances or laws. However, this is a complex legal process and may sometimes require court approval to ensure the charitable purpose is maintained.
What are the main duties of a trustee for a charitable trust?
A trustee has significant legal duties, including managing the trust’s assets responsibly, ensuring all activities are aligned with the trust’s charitable purpose, keeping proper records, and complying with all ACNC and ATO reporting obligations.
What does it mean for a trust to have DGR status?
DGR (Deductible Gift Recipient) status is an endorsement from the ATO that allows your trust to receive tax-deductible gifts. It is essential for attracting donations from many philanthropists, grant-makers, and the public.
Can I establish a charitable trust through my Will?
Yes. You can create a “charitable testamentary trust” in your Will. This allows you to leave a portion of your estate to be held in a trust that will support your chosen charitable causes after you pass away.
Why do I need a lawyer to set up a charitable trust?
Setting up a charitable trust involves complex legal, financial, and operational requirements. A specialist lawyer ensures your trust deed is correctly drafted, navigates the ACNC and DGR registration processes, and advises on trustee duties to protect your philanthropic legacy.
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