Checklist · Trusts & Estate Planning

Special disability trust: setup checklist from the Services Australia requirements that were opened

Checklist of the requirements on the Services Australia 'how it works' page for a special disability trust. It does not state the severe-disability test or any dollar concession. Those pages were not opened.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when instructions ask for a trust for the care and accommodation of a person with a severe disability. Compare any draft deed to the current model trust deed before it is signed.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list the requirements from the opened page against the draft deed. The lawyer decides eligibility and compares the deed to the model.

AI may

  • Tick each requirement the opened page lists and note the clause the lawyer identifies
  • Flag a draft that names more than one principal beneficiary
  • Record that the model trust deed, the eligibility page and the benefits page are still unread

AI must not

  • Must not state that a person has a severe disability
  • Must not state a gifting amount or an assets-test exemption
  • Must not draft the deed

The lawyer checks

  • There is only one principal beneficiary
  • The deed is checked against the current model trust deed, which was not opened for this checklist
  • The trustee requirement is either an independent trustee or more than one trustee, as the page states it
  • The page date of 10 December 2021 is noticed, and the current page is re-read before the deed is used

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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