Individual vs Corporate Trustee: What’s Right for Your Family Trust?

Why Your Choice of Trustee Matters

When setting up a family trust, one of the most important decisions is choosing between an individual trustee and a corporate trustee. This choice can affect everything from asset protection to estate planning and tax efficiency.

 

What Is a Trustee?

A trustee is the legal entity responsible for managing the trust’s assets in the best interests of the beneficiaries. The trustee can be:

  • An individual (or individuals)
  • A company (corporate trustee)

 

Key Differences Between Individual and Corporate Trustees

FeatureIndividual TrusteeCorporate Trustee
Setup CostLowHigher (due to company registration)
Ongoing CostsMinimalAnnual ASIC fees
SuccessionComplex (requires legal changes)Simple (change directors)
Asset ProtectionLowerHigher (separate legal entity)
PerceptionInformalProfessional

 

Succession Planning Considerations

Corporate trustees make succession planning easier. If an individual trustee passes away or becomes incapacitated, the trust deed may require a new trustee to be appointed—potentially causing delays or disputes.

See: Understanding Family Trust Succession Planning

 

Which Option Is Right for You?

When to Consider an Individual Trustee

  • You’re setting up a simple trust for family use
  • You want to minimise setup costs
  • You’re comfortable with more manual administration

 

When a Corporate Trustee Makes Sense

  • You’re building long-term wealth or managing significant assets
  • You want stronger asset protection
  • You’re planning for intergenerational wealth transfer

See: Family Trusts in Australia – Tax Benefits and Strategies

 

Final Thoughts

Choosing the right trustee structure is a foundational step in setting up a trust. It’s worth considering your long-term goals, risk tolerance, and estate planning needs.

 

Need Help Setting Up a Trust?

Contact us to discuss the best trustee structure for your family or business.

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Please note that this article is intended to provide general information only and does not take into account your individual objectives, financial situation or needs. You should assess whether the information is appropriate for you and seek professional advice before making any investment decision.

This information is true and correct as of 22 May 2025 prior to making any changes we recommend you read Government resources and seek Financial Advice prior to making any changes.