Product services
Accountancy practice pre-negotiation advice to buyer

Buying an accountancy practice is not like buying any other business. There is much to consider to ensure the best deal is negotiated with the seller and to protect purchase terms.

Accountancy practice purchase

The contract for the purchase of an accountancy practice needs to be carefully checked and amended to ensure the many specifics of buying an accountancy practice are dealt with.

Accountancy practice sale

The contract for the sale of an accountancy practice needs to be drafted carefully to ensure the many nuances are dealt with to protect the seller.

Advisor led referral enquiry

SUPERCentral is an advisor-based service, but on rare occasions when a client’s situation requires particular legal expertise or falls outside your firm’s specialist practice areas, you may wish to use our advisor led | client referral service.

Amend an existing SMSF deed

When the SMSFs trust deed does not provide the necessary powers for a Limited Recourse Borrowing, an amendment to the deed is required.

Amend an existing trust deed

The terms on which a trust is established and operated can change from time to time to ensure that the trust remains compliant, the trustee is appropriately empowered to manage the trust, and that the ongoing needs of beneficiaries are met.

Ask.Will estate planning testamentary advice report

Based on a brief fact find, this invaluable summary highlights specific key estate planning issues for consideration with a client.

Asset protection and estate plan co-ordination

Townsends Lawyers offer deep experience in the development of life stage asset protection planning and documentation and the vital link to estate planning.

Asset protection review, advice and implementation

When planning how to build wealth, you need a plan on how to protect it as well. There are many ways to structure assets in order to protect them, we provide review, tailored advice and implementation across a broad range of asset protection strategies.

Assignment (transfer) of debt

This document pack provides the relevant documents to assign (ie transfer) the lender’s rights to receive debt payments. For use with both corporate and individual assignors and assignees.

Assignment (transfer) of lease

A tenant who wants to leave their commercial premises and transfer the lease to a new tenant needs to ensure all the paperwork is handled properly, particularly if the transfer is connected with the sale of their business.

Bank documents SMSF compliance report

When a Trustee borrows from a bank they must be sure that the documents they are asked to sign for the loan are compliant with superannuation law. Review of up to six documents and assistance with 'lawyers opinion' or solicitors certificate.

Business shareholders agreement

Those who own a business jointly with another person via a company structure should have a shareholders agreement in place. With little regulation in this area, this agreement is a critical instrument in governing the realtionship.

Business succession services

It is truly important to have effective arrangements in place to deal with the death of a business owner, as successful business succession requires much care and considerable thought.

Buy/sell advice guide

Buy/sell arrangements are agreements which set the ground rules between co-owners of a business as to what is to happen if a co-owner dies or becomes totally and permanently disabled (‘TPD’).

Buy/Sell arrangements pack

Buy/sell arrangements set the ground rules between the co-owners of a business as to what is to happen if a co-owner dies or suffers a trauma that will likely require them to leave the business.

Change of fund name

Changing the name of an SMSF Fund is a quick and easy process. We can provide the necessary documents to enable this change.

Change of holding trustee

Townsend's Lawyers prepare the necessary legal documents to validly add, remove or replace trustee(s) of a holding trust to ensure that the change in trustee has been validly effected and recorded.

Change of name of trust

For all the relevant documents to change the name of a trust, whether a family trust, discretionary trust, unit trust, testamentary trust, or a hybrid trust. Note: not suitable for the change of name of a superannuation fund.

Change of SMSF trustee - no change of member

To change the trustee of an SMSF from an individual to a corporate trustee, or to change a corporate trustee to an individual, with no change of member.

Change of SMSF trustee - with change of member

To change the trustee of an SMSF from an individual to a corporate trustee, or to change a corporate trustee to an individual, with change of member.

Change of SMSF trustee implementation

Once there has been a change in the trustee/s of an SMSF the Australian Taxation Office (ATO) requires all fund assets to be held in the name of the new trustee, including all individual trustees.

Change of trustee of a trust

Changing the trustee of a trust is not always simple as the change must be compliant with Federal Regulations as well as the trust's deed and/or governing rules.

Change of trustee of a unit trust

When changing a trustee of a unit trust it is vital to ensure that the procedure for changing the trustee is followed exactly to the letter. Incoming trustee eligibility, States Duty Acts, and taxation consequences must also be considered.

Changing appointor(s) of a trust

Legal review of existing trust documentation and drafting of relevant trust deeds to ensure that the retiring appointor is removed and that the new appointor has only those powers necessary to the preferred functioning of the trust.

Changing beneficiaries of a trust

Changing the beneficiaries of a trust is not always simple. Our lawyers can review existing trust documentation, including relevant trust deeds, and draft documents to ensure that the retiring beneficiaries are removed entirely and that new beneficiaries are validly appointed.

Company Constitution update

A company may choose to update its constitution for a number of reasons.  Our  company constitution has been drafted to ensure flexibility and effectiveness for both standard and special purpose structure needs.

Company establishment

We can assist with establishing a new company for a variety of uses, including for appointment as the corporate trustee of an SMSF or trust. Our company constitution has been drafted to ensure flexibility and effectiveness.

Company establishment | corporate trustee for insurance trust

Our company constitution has been drafted to ensure flexibility and effectiveness.

Company establishment for holding trust or SMSF

Our company constitution has been drafted to ensure flexibility and effectiveness for both standard and special purpose structure needs.

Company establishment for holding trust or SMSF

Many trusts and self managed superannuation funds appoint a company, rather than an individual, as the trustee. Our document document pack simplifies the establishment of a company and ensures compliance.

Complex change of trustee(s) / member(s)

Changing the trustee of trust can be complicated by various issues. For advice in changing the trustee when the circumstances are complex and including a change in membership of the fund should it be required.

Concessional duty applications for related party property transfers

Residents of NSW, WA and VIC have the opportunity to transfer business real property they hold in their personal name into their SMSF and pay little or no state duty on the transfer to be added.

Confidentiality agreement (disclosure)

This confidentiality agreement contains all the necessary terms to protect the discloser. It is 'one way' because the discloser reveals confidential matters and only the recipient is giving promises of confidentiality.

Confidentiality agreement (mutual)

This standard type of confidentiality agreement contains all the necessary terms to protect both parties as both will reveal confidential information to the other.

Confidentiality agreement (simple letter)

This service is typically used when an individual or business wants to discuss a confidential matter with a large organisation that is unlikely to sign an agreement.

Confidentiality agreement (tailored)

This service is for large or specific transactions involving highly complex or industry-specific issues requiring a comprehensive confidentiality agreement tailored to the specific needs of the parties.

Contesting a Will in New South Wales - family provision claims

In Australia, testamentary freedom (being able to give your estate to anyone under your Will) is balanced by laws that allow Courts to use their discretion and ensure that eligible persons are adequately provided for from the proceeds of the estate.

Convert a unit trust to a 13.22C trust

Regulation 13.22C allows a super fund to increase its ownership of a property (with or without a loan) in a way that a super fund cannot ordinarily do with a simple unit trust.

Convert a unit trust to a fixed trust

Under a fixed trust, beneficiaries are entitled to a fixed monetary value that the trustee is bound to periodically distribute to the beneficiaries.

Declaration of trust

A trust can come into existence without any documentation at all depending on the behaviours and representations of the parties involved. An effective alternative is to formally recognise that the trust exists and continues by way of a deed.

Deed of Acknowledgement of Title

Please note: Clients should consider whether this document is suitable for use in respect of NSW property as from 1 July 2022 the document may be subject to ‘ad valorem’ duty levied by Revenue NSW.

Deed of confirmation

An existing trust deed or set of governing rules that has gone through numerous amendments from different sources can contain ambiguities. A deed of confirmation may be required to confirm a right, event or detail that is presently uncertain.

Deed of ratification

A party to a trust, often a trustee may take an action they are not empowered to do. A deed of ratification confirms that this action was approved by the authorised party and validates the action.

Deed of rectification

Deeds may contain spelling or typographical errors, these errors may be innocuous, but in some instances they can impact the validity or operation of the deed. A deed of rectification corrects these errors.

Deed of release

A deed will outline duties and obligations that certain parties, such as the trustee, owe to other parties. A deed of release releases that party from their duties and obligations with the consent of the party owed that duty.

Discretionary trust deed review

This review identifies issues and makes recommendations for updating a discretionary trust deed where possible and without resettling the trust.

Discretionary trust establishment - bundled service | select required product/s

Discretionary trusts allow potential beneficiaries to control assets without actually owning the assets - very useful for asset protection purposes.

Discretionary trust streaming amendment (Bamford)

The discretionary trust streaming amendment pack is designed for use when a Discretionary Trust requires amendment.

Employment agreement (informal letter of appointment)

Many professional arrangements are not unique and therefore require an informal letter of appointment which clearly sets out agreed terms and conditions of the employment relationship.

Employment agreement (formal)

This employment agreement pack is designed for use with permanent employees who are not covered by a Modern Award or other industrial instrument.

Employment agreement (tailored)

A tailored employment agreement for permanent employees that takes into account arrangements requiring bespoke or unique terms.

Enduring Guardianship

The appointment of an enduring guardian must be in accordance with the requirements of each particular State.

Enduring Power of Attorney

A power of attorney is a document which appoints a person to act on an individual‘s behalf in relation to the appointor’s property and financial affairs. For added protection we can ensure that the power only takes effect when the grantor loses mental capacity

Enduring Power of Attorney and SMSF Replacement Trustee Documents

This product bundle allows clients to change the trustee of their SMSF, and to update their Enduring Power of Attorney accordingly.

Enduring power of attorney revocation

Whenever a new power of attorney is being granted, a revocation of an existing power of attorney is necessary, otherwise the principal may have concurrent appointments which could lead to conflict, such as when one attorney makes a decision and another attorney overrides it.

Entitlements under a Will

Most States have legislation that gives the close family of the deceased a right to part of the deceased’s estate, regardless of what is in the Will. But the class of persons who can claim is narrow and there may be a number of technical hurdles.

Estate plan co-ordination and asset protection

For development or review and update of a current estate plan when required for asset protection purposes and to ensure that wealth management strategies and tax strategic structures are incorporated to achieve greater asset protection.

Estate planning - tailored (standard estate plan)

The standard estate plan package includes per person (as required): Will | EPOA | Enduring Guardian | Living Will | advice

Estate planning - tailored (testamentary trust)

Estate planning is so much more than a will. Company structures, blended families, family trusts and business interests may all need special attention. Using a testamentary discretionary trust can seriously enhance and protect the value of gifts to loved ones.

Estate planning - tailored (high value estates)

A tailored estate plan can be required for high-value estates and to address strategic estate planning requirements, including those with complex gifts and testamentary discretionary trusts.

Estate planning - tailored (specific estate plan)

Our specific estate planning package is based on a standard estate plan and includes complex specific gifts

Estate planning fact find - testamentary manual

This comprehensive estate planning guide & testamentary manual system provides a structured information gathering process and guide through key estate planning issues, or as an informal Wills (delete) in emergency situations.

Family Provision Waiver (NSW)

When a marriage breaks down and a property settlement with an ex-spouse has been agreed it is important to remove the ex-spouse as a possible claimant against the estate.

Hybrid trust / discretionary trust amendment - exclusion of foreign persons

If a discretionary part of a hybrid trust contains potential beneficiaries that meet the statutory definition of a 'foreign person', the trust will be deemed 'foreign' for the purposes of surcharge land tax and surcharge duty.

Hybrid trust establishment - company establishment and stamping. Bundled service

A hybrid trust is part unit trust and part discretionary trust. It combines the flexibility of a discretionary trust with the reliability of a unit trust. this is a bundled product including hybrid trust establishment, company establishment and Stamping.

In-specie benefit payments

We can assist with advice and preparation of compliance documents formally enacting an in-specie benefit payment.

In-specie contributions

We can assist with advice on, and preparation of, compliance documentation allowing for in-specie contributions by a member to their SMSF.

Lease agreement - standard commercial (related party)

Depending on the circumstances, there may be particular compliance requirements that are related to the leasing of property between related parties. Our lease pack is flexible enough to accommodate most of these requirements.

Lease agreement - standard commercial (unrelated party)

Our standard lease pack for unrelated parties can be used by individuals, companies, trustees, and SMSFs leasing business real property to a related party via a holding trustee.

Lease compliance pack

Contains important records evidencing the funds decision and its directions to the holding trustee to lease the property and secure the investment return.

Letter of demand

The formal letter outlines the money owed, the basis of the claim, and seeks speedy payment of the debt to avoid costly and inconvenient court action.

Loan pack

The SMSF borrowing loan pack contains the agreements and security documents for all parties to a related party loan plus implementation, including registration with state Land Titles registers.

Partnership agreement

A partnership is a specific form of business association. Partners are entitled to unique legal and equitable interests that are not present in companies.

Pension - account based

Are your clients about to transition from accumulation to retirement phase? If so you'll need to have a smoothly executed and 100% compliant process in place.

Pension - consolidation

Are your clients about to transition from accumulation to retirement phase? If so you'll need to have a smoothly executed and 100% compliant process in place.

Pension - refresh

Are your clients about to transition from accumulation to retirement phase? If so you'll need to have a smoothly executed and 100% compliant process in place.

Pension - transition to retirement

Are your clients about to transition from accumulation to retirement phase? If so you'll need to have a smoothly executed and 100% compliant process in place.

PPSA loan pack - bundled service

PPSA loan pack | loan deed | security agreement | guarantee and indemnity | OSR stamping | PPSR registration Select only the documents you need - each service is priced separately so you can calculate the total price of the pack.

Probate application service and advice (all States)

Obtaining a grant of probate can be challenging when numerous parties hold or control estate assets. For advice and assistance regarding probate requirements.

Probate grant & administration

When an individual dies leaving a Will, depending on the type, size and value of the estate, the person named as executor will likely need to apply to the Supreme Court for a grant of probate.

Professional development - EPAdvantage estate planning course (18 CPD)

The experienced team at Townsends Lawyers take you on a deep dive into estate planning scenario's via 10 online modules. The course addresses the most common estate planning strategies to cover the needs of the majority of clients and to assist you in diversifying your practice revenues.

Property transmission

Includes preparation of transfer documentation from a deceased person to their surviving co-owner and lodging the transmission of properties for the local land registry office - all States.

Refinancing pack

Self managed superannuation funds can, in limited circumstances, borrow money to acquire an investment asset. This refinancing pack contains advice, deed to effect loan, resolutions of each of the parties, some mortgage preparation documents and lodgement.

Restraint of trade

Whether you are an employee of an employer, we can provide advice on the interpretation and enforceability of a restraint of trade provision.

Service agreement

A Service Agreement is suitable for a practice which is operated by an individual professional who wishes to pay their discretionary trust to administer and manage the practice.

Simple Will 1 (married, no children)

Our 4 Simple Wills are designed for people whose assets or life stage mean they don’t want or need extensive estate planning. This simple Will is an quick, inexpensive Will for a person who is married and has no children.

Simple Will 2 (married, with children)

Our 4 Simple Wills are designed for people whose assets or life stage mean they don’t want or need extensive estate planning. This simple will is an easy, inexpensive Will for a person who is married with children.

Simple Will 3 (not married, with children)

Our 4 Simple Wills are designed for people whose assets or life stage mean they don’t want or need extensive estate planning. This simple will is a quick, easy and inexpensive Will for a person who is not married with children.

Simple Will 4 (not married, no children)

Our 4 Simple Wills are designed for people whose assets or life stage mean they don’t want or need extensive estate planning. This Will is an easy and inexpensive Will for people who are not married and have no children.

SMSF acquiring property with stamp duty concession

We are able to assist you with the documents required by an SMSF to apply for concessional stamp duty under the relevant Duties Act when property is transferred into the fund, either by contribution or purchase, from a member.

SMSF annual audit compliance advice and documentation

We can provide advice on a wide variety of issues relating to annual audits and can provide any documentation that may be required as a consequence.

SMSF borrowing - lender requiring further tailored changes

Advice and tailoring when the lender for a SMSF borrowing requires further changes.

SMSF borrowing - stamping the holding trust deed

Stamping of the holding trust deed for a SMSF borrowing.

SMSF borrowing pack

SMSF borrowing requires expert attention to detail. We provide advice and documentation to improve the borrowing capacity of your client's super fund through SMSF gearing strategies.

SMSF bulk fund conversion

To convert a number of funds to the SUPERCentral system your firm may wish to use our special bulk update service.

SMSF death benefit planning

There are numerous forms of death benefit nomination. We can provide advice and implementation of a death benefit plan that complements a person’s estate plan so that their superannuation is gifted to the intended beneficiaries.

SMSF deed - lost deed/s

Need to convert a fund but can’t find the original deed? The fund may be able to simply provide evidence of the lost deed or might need to create a whole new deed and perhaps re-settle the trust. Service includes legal advice, specific tailoring and conversion to a SUPERCentral SMSF deed.

SMSF deed conversion - premium

This service includes SUPERCentral SMSF conversion deed | full legal review | tailoring as required | soft copy | 1st year annual update.

SMSF deed conversion - standard

This service includes SUPERCentral SMSF conversion deed | no legal review | soft copy | 1st year annual update

SMSF deed conversion | company establishment | change of trustee | change to member (CCC)

This service includes SUPERCentral SMSF conversion deed | 1st year annual update | company establishment | change of trustee with change of member | bundled product rebate

SMSF deed conversion | company establishment | change of trustee | no change of member (CCC)

This service includes SUPERCentral SMSF conversion deed | 1st year annual update | company establishment | change of trustee | no change of member | bundled product rebate

SMSF deed establishment - corporate

This service includes SUPERCentral SMSF establishment deed | 1st year annual update | company establishment | ABN/TFN | CMA if required | and bundled service rebate.

SMSF deed establishment - individual

This service includes SUPERCentral SMSF establishment deed | complimentary hard copy folder | 1st year annual update | and CMA if required.

SMSF property acquisitions, sales and/or development

The implementation of a compliant property investment can be tricky. We offer a broad range of services to advise on and implement such purchases, sales and developments.

SMSF related party transactions

We provide tailored advice and documentation that allows an SMSF to deal with a related party.

Special disability trust

Special disability trusts can be set up by family members or carers for beneficiaries who suffer from a severe disability. They are means tested and stringently assessed.

Stamping service for discretionary or unit trust establishment deed

Stamping of discretionary or unit trust establishment deed when prepared by a third party, plus disbursements depending on applicable law of the trust.

Successor appointor nomination

The current appointor should deal with passing control of the trust in the event the office becomes vacant whether by reason of incapacity, death or other circumstances. We can assist by reviewing the trust documents and preparing the documents required to nominate successor appointor(s).

Superannuation law compliance advice

Our team of lawyers are experts in the field of superannuation, with particular knowledge of self managed superannuation funds. We can provide tailored advice on a broad range of matters involving superannuation establishment, implementation, compliance, management and pensions.

Testamentary trust establishment and advice

Whether you require trust establishment, management, amendment or winding up - or simply tailored advice for issues relating to trusts, our experienced solicitors can assist.

Toolkit

This comprehensive set of toolkit documentation provides all the resources needed to manage your SMSFs. Closely integrated and constantly updated to reflect changes in the SIS Act and other key legislative changes - you can be assured that your SMSF documentation is fully compliant. Please click here to see the list of complimentary documentation available to order for firms with one or more funds.

Townsends Lawyers SMSF deed - optional update

Townsends Lawyers Superannuation Division assists clients to successfully navigate the legal and regulatory complexities of superannuation, especially self managed superannuation.

Transfer of units - sale or transfer

When unitholders of a trust wish to sell or transfer units, the terms of the trust deed must be reviewed and documentation prepared to ensure that the transfer is compliant with applicable terms and conditions of the trust.

Trust advice

Require tailored trust advice, trust establishment, management, amendment or winding up? Our highly experienced lawyers can assist with a holistic strategic approach.

Trust amendment

The terms on which a trust is established and operated may change periodically to ensure that the needs of the beneficiaries of the trust are met, that the trustee is appropriately empowered to manage the trust and that the trust remains legally compliant.

Trust distribution

The making of a valid and effective trust distribution is no simple task, because every trust deed is different and trust distribution resolutions must be tailored to the specific trust deed. Generic trust distribution resolutions may potentially give rise to adverse taxation consequences for both the trustee and the beneficiaries (as well as their advisors).

Unit trust establishment - company establishment, stamping and 13.22C trust. Bundled service.

A unit trust is established by a settlor gifting the nominal settlement sum to the trustee. The trust is divided into classes of units, each class of beneficiary is then defined by reference to their relationship with the relevant unit holder.

Unitholders agreement

Those who own a business jointly with another person via a unit trust should have a unitholders agreement in place. This is a critical instrument governing the relationship.

Unwinding a SMSF limited recourse loan

Once a super fund’s limited recourse loan is repaid the fund may wish to unwind the arrangement.

Unwinding pack and implementation service

for all the advice and documentation to unwind the holding trust arrangement and transfer the property to the super fund trustee.

Will review

Many clients complete a Will and then fail to revisit it for years; it’s concerning that some never do. A Will is not a static document that once signed can be forgotten.

Will update

An estate plan, including a will, are not static documents. It is not difficult or necessarily expensive to change a will. It can be amended, modified, updated or even completely revoked at any time.

Winding up a trust

Winding up a trust can be a deceptively tricky process. The value of trust assets, liabilities and regulatory requirements such as de-registration of business names and numbers must be taken into consideration to ensure that it is compliant with the law and the trusts governing documents.