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Can I set up a trust in which the appointor and beneficiary of the trust do not live in Australia?

My family originally came from Turkey and many of my family members still live there. The trust I am setting up has a different trustee to the appointor and beneficiary. The trustee lives in Australia while the appointor and beneficiary are still living in Turkey. Is this legal?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 09-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Equity & Trusts
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Melbourne 3000 VIC

  • Yes. This trust will be valid providing that the trustee is in Australia and you are happy for the trust to remain resident in Australia.
  • It is possible that the appointer will remove the trustee and appoint a new trustee at some point in the future.
  • If the new trustee is not in Australia this may affect the continued validity of the trust.

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