Protective Trusts for Disability Planning

When parents of a person with a severe disability ask, “What happens when we are no longer here to provide care?”, the answer increasingly involves protective trust structures, particularly the Special Disability Trust (SDT). This advanced CPD webinar provides legal practitioners with practical guidance on advising families about SDTs and alternative protective trust structures. Participants will explore eligibility, establishment, administration, social security concessions, tax implications, and the interaction with the NDIS. The webinar also examines how SDTs can be integrated into broader estate plans, providing a structured framework for advising families on long-term care and financial security while navigating legislative, trust law, and state and territory requirements.

Key Topics Discussed:

• Special Disability Trusts under Australian legislation
• Eligibility criteria and means-test treatment
• Centrelink gifting and assets-test concessions
• Trust deed drafting and trustee duties
• Funding and administration requirements
• Annual reporting and compliance obligations
• Expenditure restrictions and winding-up provisions
• Income tax and capital gains tax implications
• Land tax and stamp duty considerations
• Interaction between SDTs and the NDIS
• Integration with wills and broader estate planning
• Alternative protective trust structures
• State and territory trust law considerations
• Practical disability succession planning strategies