Hybrid Trust Setup: Combining Flexibility with Control

A hybrid trust setup combines the features of a unit trust with those of a discretionary trust. Since the underlying structure is a unit trust, most distributions follow members’ fixed unit holdings. However, a discretionary payment—a unique feature—is available in exceptional circumstances.

This makes a hybrid trust the best of both worlds, especially in business arrangements involving non‑related members. It solves a key issue: how to pay non‑fixed entitlements without forcing equal distributions to all unitholders.

Real‑Life Example: Why a Standard Unit Trust Falls Short

Imagine one unitholder needs a lump sum payment of $100,000 from the sale of a business interest. In a fixed unit trust with four equal unitholders, each is entitled to 25% of any distribution.

That means the 25,000 to each unitholder**—not $100,000 to the intended recipient.

A Discretionary Trust Alternative (Flawed)

You could place the business in a discretionary trust, with a unit trust as one primary beneficiary. But if the discretionary trust owns all units, control shifts entirely to the discretionary trustee. All payments become discretionary, which may be inadvisable if you need fixed entitlements. In many cases, the underlying trust should remain a unit trust, not a discretionary trust.

How a Hybrid Trust Solves the Problem

In a hybrid trust setup, the underlying structure is a unit trust with limited discretionary powers assigned to the trustee.

Using the same example—a $100,000 payment to only one unitholder:

Key Advantages of This Structure

Addressing the Trustee’s Discretionary Powers

Some unitholders may not like that the trustee has discretionary powers—especially when there are multiple unitholders but only one trustee.

Solution:
Source your hybrid trust deed from a lawyer who includes a clause limiting discretionary payments without the unanimous consent of all unitholders. This protects all parties while preserving flexibility.

Features & Benefits of a Hybrid Trust

Disadvantages to Consider

Steps to Create a Hybrid Trust

While full setup requires professional advice, the general process includes:

  1. Drafting a compliant hybrid trust deed(including unanimous consent clause for discretionary payments).
  2. Appointing a trustee(individual or corporate).
  3. Issuing unitsto initial unitholders.
  4. Registering for an ABN/TFNif trading.
  5. Documenting discretionary payment rulesin the deed.

Need Help Setting Up a Hybrid Trust?

Contact A One Accountants to arrange a meeting with one of our experienced accountants. We’ll explain the process, help you choose the right structure, and prepare the necessary documents.