Federal Budget Proposes Tax Changes to Testamentary Trusts

Understanding the Impact on Family Wealth Planning

Budget 2026: New Tax Measures for Testamentary Trusts?w=400

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The 2026 Australian federal budget has proposed significant tax changes affecting testamentary discretionary trusts.

These trusts, established through a will and activated upon the testator's death, have traditionally been used to hold investments such as property, shares, and cash, with the generated income distributed to chosen family members.

This structure has allowed families to manage tax liabilities effectively by distributing income to beneficiaries in lower tax brackets.

Under the new proposal, income from these trusts will be subject to a minimum tax rate of 30%. This change aims to address perceived tax advantages and ensure a more equitable tax system. The government has indicated openness to discussions regarding these changes, acknowledging the potential impact on family wealth planning strategies.

For individuals and families utilizing testamentary discretionary trusts, it is crucial to review existing estate plans and consult with financial advisors to understand the implications of these proposed tax measures. Proactive planning will be essential to adapt to the evolving tax landscape and to continue achieving financial objectives effectively.

Published:Monday, 25th May 2026
Author: Paige Estritori

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