Protective Trusts for Vulnerable Beneficiaries
When you want to leave an inheritance, but you're worried about how it will be used, a protective trust gives you a way to provide - without losing control of the protection.
- Shields inheritance from creditors and bankruptcy
- Keeps assets out of matrimonial property
- Structured distributions rather than lump sums
What's included
- Discretionary protective trust clauses
- Trustee selection with succession planning
- Distribution criteria (maintenance, education, health, advancement)
- Anti-bankruptcy and anti-alienation protections
- Clear end-of-trust provisions
- Drafted will with trust provisions
Sometimes the people you want to help are the ones most at risk
A lump-sum inheritance doesn't work for every beneficiary. Addiction, gambling, a difficult marriage, a history of bankruptcy, or simply a pattern of poor financial decisions - these are real circumstances where handing over the money directly can do the opposite of what you intended.
- Beneficiary with addiction or spending problems
- Beneficiary in an unstable marriage
- Beneficiary running a business with creditor risk
- Beneficiary vulnerable to coercion or exploitation
A clear process, not a legal maze.
Understand the circumstances
We talk about the beneficiary honestly and privately. What are you worried about? What level of protection do you need?
Design the trust
Sam designs a trust structure - discretionary, with clearly defined trustee powers, covering distributions for health, education, maintenance, and advancement.
Activate through your will
The protective trust lives inside your will and activates on your death. We draft, review, and sign the will with the trust clauses built in.
Here's what you get when you work with Sam.
Sam walked us through our wills and testamentary trusts without any of the legal jargon I'd expected. We left the meeting feeling like we finally understood what we were signing.
Frequently asked questions
A protective trust is a trust set up to protect a beneficiary whose circumstances make direct inheritance risky. The assets are held by a trustee who distributes them at their discretion, usually for purposes like housing, education, medical care, and maintenance.
You may also want to look at
Testamentary Trusts
A testamentary trust turns your will into a shield - protecting beneficiaries, unlocking tax advantages, and keeping assets inside the family.
Learn moreSpecial Disability Trusts
For parents of a child with severe disability, a special disability trust lets you provide financially without affecting their Centrelink benefits.
Learn moreWills
A clear, legally sound will drafted with your family's circumstances in mind.
Learn moreProtect the people you love, even from themselves
Book a confidential conversation with Sam. These are sensitive discussions - we handle them with discretion and practical advice.
- Free 20-minute initial conversation
- Fixed-fee quotes before any work begins
- Home visits available across Adelaide
- Typically 2-3 weeks to signed documents