---
title: "Special disability trust: setup checklist from the Services Australia requirements that were opened"
url: "https://ailawframework.com/precedents/trusts-and-estate-planning/special-disability-trust-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a19-special-disability-trust-checklist"
area_id: "A19"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A19-T1-R11"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/trusts-and-estate-planning/special-disability-trust-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Trusts & Estate Planning](https://ailawframework.com/precedents/trusts-and-estate-planning.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## 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

- [Draft a special-needs or protective trust from the instructions](https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions.md)

## 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

## Authorities

- [Services Australia, How a special disability trust works (one principal beneficiary; model trust deed clauses; independent trustee or more than one trustee; investment restrictions; annual financial statements; audits when required). Page last updated 10 December 2021](https://www.servicesaustralia.gov.au/how-special-disability-trust-works?context=21876)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/trusts-and-estate-planning/special-disability-trust-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*