Draft a special-needs or protective trust from the instructions
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- At the lawyer's direction and clause by clause, the tool works the trust up from the firm's precedent and the instructions — sole beneficiary, the care and accommodation purpose, trustee and annual-statement obligations, the discretionary spending allowance, and what happens to the residue on the beneficiary's death — and tables each clause against the compulsory terms the social security legislation and the model trust deed require of a special disability trust. It lists what must still be confirmed before the deed is settled: the beneficiary's severe-disability assessment, who is contributing and under which gifting concession, and the care and accommodation the trust is to fund.
- What the lawyer must review
- The lawyer directs and settles every clause, and checks against the current social security requirements that each compulsory term is present and unmodified and that nothing carried over from the precedent — a wide discretionary distribution power, expenditure outside care and accommodation, the beneficiary or a contributing family member as sole trustee — costs the beneficiary the asset-test and gifting concessions. Before execution the lawyer confirms the severe-disability assessment, settles the residue and vesting position with the client, and explains the trustee's reporting obligations.
- Written for / version
- Cth
Open a jurisdiction version of this task to see which instruments apply.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.