Draft a special disability trust from the DSS model deed and the Social Security Act
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Draft an SDT deed from the instructions, the firm's precedent and the DSS model deed, listing compulsory clauses and Social Security Act 1991 s 1209L eligibility facts to confirm.
- What the lawyer must review
- Use the current DSS model deed; its compulsory clauses come from the Social Security Act 1991
- Check the Social Security (Special Disability Trust) Amendment Instrument; do not depart from the model
- Remember departures may lose the concessions (assets test exemption up to the indexed cap)
- Note 2025-26: no cap on total contributions; family gifting concession limited to $500,000
- Note the discretionary spending limit $14,750 (1 July 2025 – 30 June 2026, indexed)
- Confirm Services Australia assesses severe disability; register the trust and check current limits with it and DSS
- Check tax (individual rates, not penalty rates; CGT concessions); deed errors cannot be fixed after settlement
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
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.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- 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.