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Last Updated: August 11, 2026

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A statement of wishes for a discretionary trust is a private, usually non-binding document that explains how you hope the trustee will exercise broad powers over trust income, capital, investments and beneficiary support. It gives the trustee the family context, priorities and values that a trust deed cannot easily contain without reducing the flexibility that makes a discretionary trust useful.

The statement should not operate as a hidden amendment to the trust deed. It cannot add beneficiaries, change the trustee’s powers, appoint a new trustee or appointor, guarantee a distribution, create a fixed entitlement or require the trustee to ignore fiduciary duties, tax law or materially changed circumstances. A properly drafted statement guides independent judgment; it does not replace it.

This article includes a complete 20-section trustee wishes template with detailed grey response boxes. It covers the trust’s purpose, governing deed, author and recipient, confidentiality, trustee independence, primary beneficiaries, spouse and partner support, children and descendants, minors, disability, housing, education, health, income and capital, relationship breakdown, bankruptcy, family business, investments, tax, philanthropy, trustee records, successor trustees and version control.

Keep this trust-specific document separate from your broader letter of wishes, asset-focused memorandum of wishes, values-based ethical will and practical executor handover pack. Each record serves a different decision-maker and should be shared only with the people who need it.

What the current leading discretionary trust wishes resources cover

Blue Ocean Law’s current trustee letter of wishes guidance focuses on the central use case: trustees hold wide discretionary powers, so the family’s wishes and reasons are recorded separately to preserve flexibility while giving the trustee useful direction.

Practical Law’s discretionary trust letter summary adds common distribution priorities: support for a surviving spouse or partner, guidance for children, equal treatment as a starting point, exceptional circumstances that may justify unequal support, confidentiality and professional tax advice.

Carroll & O’Dea’s Australian letters of wishes analysis adds the essential legal safeguards. The document should be addressed to the correct trustee, state that it is unenforceable, remain private and confidential where appropriate, avoid directive language and never fetter the trustee’s discretion.

The Evaheld template includes all of that and goes further with a beneficiary-circumstances framework, income-versus-capital guidance, support for minors and vulnerable beneficiaries, housing and education priorities, relationship and creditor risks, family-business continuity, investment and liquidity principles, tax-resolution boundaries, trustee decision records, successor-trustee onboarding and a complete review history.

Statement of wishes versus the trust deed, trustee resolution and distribution minute

The trust deed creates and governs the trust. It identifies the trustee, beneficiary class, trust property, powers, restrictions, succession mechanisms and distribution framework. The statement of wishes cannot amend those terms unless the deed and law permit an effective amendment through the proper process.

A trustee resolution or distribution minute records a decision actually made by the trustee under the deed. It may be required by a particular deadline and can have legal and tax consequences. The statement of wishes is not a substitute for that annual decision or record.

The statement instead explains the purpose behind the trust and the considerations you hope the trustee weighs. It may say that the surviving spouse should usually receive priority support, that children should generally be treated fairly over time rather than identically each year, or that capital preservation matters because a beneficiary has lifelong disability-related needs.

The Australian Taxation Office’s trust tax guidance explains that discretionary trustees may need written resolutions by relevant deadlines and that distributable income is determined under the trust deed. A statement of wishes cannot make the resolution for the trustee.

Who should write and receive the statement

The correct author depends on the structure. In some trusts, the formal settlor contributes only a nominal initial amount and has no ongoing family role. The meaningful statement may instead come from a principal family member, appointor, guardian or another person whose intentions the trust was designed to serve. Professional advice should confirm who can prepare the statement without creating tax, control or trust-validity concerns.

Address the current trustee by legal name. Where a corporate trustee acts, identify the company and its directors. Record who should provide the statement to successor trustees and whether the appointor, guardian, solicitor, accountant or family council may also access it.

Do not circulate the full statement automatically to every beneficiary. It may contain sensitive information about health, dependency, prior support or family conflict. Evaheld’s Rooms and selective sharing guidance can keep the trustee copy separate from family-facing explanations.

Create your statement of wishes template in Evaheld now, beginning with the trust deed details, correct author, current trustee and non-binding status.

How to guide a trustee without fettering discretion

A discretionary trustee must make its own decision. The statement should identify purposes, priorities and relevant factors rather than dictate a fixed outcome. Use language such as “I hope the trustee considers”, “my preference is”, “the factors that mattered to me include” and “subject to the deed, current circumstances and professional advice”.

Avoid language such as “the trustee must distribute”, “the trustee shall never support”, “exactly 50% must go to” or “the trustee will be removed if this is not followed” unless the formal deed lawfully contains the relevant requirement. Directive wording may create confusion, undermine flexibility or support an argument that the trustee failed to exercise independent judgment.

Cassady Law’s discretionary trust analysis emphasises that trustees act as fiduciaries rather than nominees or agents of the settlor. The trustee must independently exercise administrative and dispositive powers under the deed.

A good statement also recognises that circumstances change. A beneficiary who appears financially secure today may later experience disability, divorce, bankruptcy, caregiving responsibility or exploitation. The trustee needs enough flexibility to respond.

How to express beneficiary priorities without creating fixed entitlements

You may identify people whose wellbeing was central to the trust’s purpose, provided they are within the beneficiary class. For example, a surviving spouse may be the intended primary beneficiary during their lifetime, with children and descendants considered alongside or after that support.

Describe the practical outcome rather than a guaranteed amount. You may hope the spouse can maintain secure housing, health care and a reasonable standard of living. You may hope adult children receive support for education, housing, enterprise or hardship. The trustee must still consider the deed, available trust resources, tax, competing needs and legal duties.

Where equality matters, explain what equality means. Equal annual distributions may be inappropriate when one child has received substantial prior support, another has disability-related costs and a third is financially independent. You may state that fairness over time is the principle, that differences should be reasoned and documented, and that financial support is not a measure of love or status within the family.

Income, capital and the timing of support

Trust income and trust capital may be subject to different deed provisions, tax treatment and practical consequences. The statement can explain whether routine living support should generally come from income, whether capital should usually be preserved, and which circumstances may justify capital access.

Examples may include purchasing accessible housing, funding essential medical treatment, supporting education, protecting a beneficiary from homelessness, acquiring an interest in a viable business, or responding to severe hardship. Avoid setting automatic dollar thresholds that may become unrealistic or tax-inefficient.

The ATO’s trust income guidance explains that a beneficiary’s tax position can depend on present entitlement and the deed’s definition of income. Ask the trustee to obtain current accounting and legal advice rather than using the statement as a tax instruction.

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Replace each grey guidance box with your own wording. Remove sections that do not apply. Have the final statement reviewed against the current trust deed, trustee structure, succession documents, tax position and applicable law.

Section 1: Document identity, author and trust details

1.1 Who is making this statement?

Add your full legal name, relationship to the trust, role such as principal family member or appointor, address, contact details and the basis on which your intentions are relevant.

1.2 Which trust does it concern?

Record the exact trust name, deed date, jurisdiction, trustee, ABN or TFN reference location and solicitor or accountant holding the deed.

1.3 When was this version prepared?

Add the date, version number and the earlier statement or memorandum this version replaces.

Section 2: Status, legal boundary and confidentiality

2.1 Do you intend these instructions to be binding where legally possible?

Select one:
Yes — I intend this to be binding where legally possible
No — this is non-binding guidance only

Important: A selection does not amend the trust deed or make the statement binding. Any intended legal requirement must be reviewed and implemented through the correct formal instrument.

2.2 What disclaimer should apply?

State that the trustee must act independently under the deed, fiduciary duties, current law and professional advice, and may depart from the statement where appropriate.

2.3 Should the statement remain confidential?

Mark it private and confidential, identify authorised recipients and acknowledge that disclosure may still be required or appropriate under law or professional advice.

Section 3: Trustee, appointor, guardian and adviser roles

3.1 Who is the current trustee?

Add the individual or corporate trustee’s legal name, ACN where relevant, directors, contact details and commencement date.

3.2 Who holds appointment or removal powers?

Record the appointor, principal, guardian or protector, successor provisions and the deed clauses or documents governing the role.

3.3 Which advisers understand the trust?

Add solicitor, accountant, financial adviser, bookkeeper and investment adviser, with contact details and the records each person holds.

3.4 Who should receive this statement if the trustee changes?

Name the person responsible for onboarding a successor trustee and confirming that the current version and deed are delivered.

Section 4: Original purpose of the trust

4.1 Why was the trust established?

Explain the family, business, asset-protection, succession, disability-support, investment or intergenerational purpose without describing tax avoidance as the purpose.

4.2 Which values should inform administration?

Name values such as security, fairness, independence, stewardship, opportunity, dignity, education or family continuity and connect them to practical decisions.

4.3 What is outside the trust’s intended purpose?

Identify uses you would generally not support, while recognising that the deed and trustee’s independent judgment prevail.

Section 5: Beneficiary class and priority framework

5.1 Which people or groups were central to the trust’s purpose?

Name primary family members or groups only if they fall within the deed’s beneficiary class. Do not add new beneficiaries through this statement.

5.2 Is there a general order of priority?

Explain whether a spouse, partner, dependent child, vulnerable beneficiary or another group should usually receive priority consideration, subject to present circumstances.

5.3 What does fairness mean across beneficiaries?

State whether equality is a starting point, whether needs and prior support may justify differences, and that financial support should not be treated as a ranking of family worth.

Section 6: Surviving spouse or partner support

6.1 What standard of support do you hope is maintained?

Describe secure housing, health care, daily living, companionship, travel, family participation or another reasonable standard without promising a fixed amount.

6.2 Should the spouse or partner usually receive priority during life?

State the preference, factors that may justify a different approach and the need to consider other dependent or vulnerable beneficiaries.

6.3 What should happen after a new relationship, separation or remarriage?

Identify relevant concerns such as shared housing, coercion, family assets and changed dependency, while leaving the trustee to apply the deed and obtain advice.

Section 7: Children and descendants

7.1 How should adult children generally be considered?

Explain whether support should focus on genuine opportunity, hardship, health, education, housing or another purpose rather than routine entitlement.

7.2 How should grandchildren and later descendants be considered?

State whether support should ordinarily flow through their parent, be considered independently or depend on vulnerability, education or family circumstances.

7.3 How should prior lifetime support be treated?

Record major gifts, housing support, business assistance or education funding and whether they are relevant context rather than automatic deductions.

Section 8: Minors and young adults

8.1 Which needs should receive priority for minors?

Include health, education, stable housing, therapy, accessibility, cultural connection, extracurricular activities and reasonable family experiences.

8.2 Should capital be released directly at a particular age?

Explain your preference for staged responsibility, trustee-managed support or direct distributions, but confirm that the deed controls and maturity differs between people.

8.3 What financial education or safeguards matter?

Suggest budgeting, independent advice, gradual access, co-signing or another support without humiliating or infantilising the beneficiary.

Section 9: Disability, illness and vulnerable beneficiaries

9.1 What long-term outcomes matter most?

Describe dignity, supported decision-making, accessible housing, health care, communication, community participation, relationships and long-term security.

9.2 Which existing supports or benefits should be considered?

Identify NDIS plans, pensions, compensation, insurance, special disability trusts, care teams and advisers without assuming a distribution will have no effect.

9.3 Who understands the beneficiary’s preferences and communication?

Add trusted family, advocates, support coordinators, clinicians and the current care-information location.

9.4 What should trustees avoid assuming?

State that disability, age or diagnosis does not automatically remove capacity, preference, autonomy or the right to participate in decisions.

Section 10: Education, training and personal development

10.1 What kinds of education should the trustee consider?

Include school, university, vocational training, apprenticeships, disability supports, professional development, retraining or another pathway.

10.2 Which related costs may be reasonable?

Note fees, books, equipment, accommodation, transport, accessibility, childcare and reasonable living costs.

10.3 Should the trustee require evidence or milestones?

Suggest proportionate evidence and review without making support punitive or inaccessible.

Section 11: Housing, health and essential living support

11.1 When should housing support be considered?

Describe rent, deposit, accessibility modifications, shared-equity, purchase, crisis accommodation or another form, subject to affordability and advice.

11.2 Should the trust own property or support the beneficiary to own it?

Explain the preferred outcome and concerns, but ask trustees to consider tax, asset protection, control, benefits, maintenance and long-term suitability.

11.3 Which health and care costs should receive priority?

Include treatment, therapy, dental care, equipment, home care, mental health support, accessibility and respite where consistent with the deed.

Section 12: Income distributions and capital preservation

12.1 What is your general approach to income distributions?

Explain whether income should generally support current needs, be accumulated, reinvested or distributed after tax and cash-flow advice.

12.2 When may capital support be appropriate?

Identify major health, housing, education, business, hardship or disability needs as factors rather than automatic entitlements.

12.3 How strongly should capital preservation be weighted?

Describe the intended duration of the trust, future generations, vulnerable beneficiaries, inflation, investment risk and the possibility that current need may justify capital use.

Section 13: Relationship breakdown, bankruptcy and exploitation risk

13.1 What risks should trustees consider before a distribution?

Note bankruptcy, creditor claims, family-law proceedings, coercive control, financial abuse, addiction, scams or impaired decision-making as matters requiring advice and evidence.

13.2 What alternatives to an outright distribution may be considered?

Suggest direct payment for goods or services, trustee-owned property, staged support or another lawful method, subject to the deed and professional advice.

13.3 How should privacy and dignity be protected?

Ask trustees to request only necessary information, restrict disclosure, avoid stigma and involve the beneficiary where possible.

Section 14: Family business, employment and enterprise support

14.1 Does the trust hold or support a family business?

Identify the entity, ownership, directors, key employees, governing agreements and advisers. Distinguish trust ownership from company property.

14.2 What principles should guide business succession?

Explain capability, commitment, fair remuneration, continuity, independent valuation, employee welfare and why management, ownership and family equality may differ.

14.3 When should the trust support a beneficiary’s enterprise?

Suggest a business plan, independent advice, co-investment, staged funding, security or another evidence-based process without guaranteeing approval.

ASIC’s company record-keeping guidance explains the financial, contractual and register records corporate trustees and family companies may need to maintain.

Section 15: Investment, liquidity and risk principles

15.1 What investment purpose should trustees keep in mind?

Describe income, capital growth, liquidity, intergenerational preservation, beneficiary support or another objective, subject to trustee duties and advice.

15.2 What risks should be avoided or limited?

Note excessive concentration, related-party transactions, illiquidity, leverage, speculative assets, unmanaged property or conflicts of interest.

15.3 What liquidity should be retained?

Describe foreseeable tax, maintenance, beneficiary, care, debt and emergency needs without setting a figure that may become obsolete.

15.4 Which advisers should be consulted?

Name the financial adviser, accountant, investment manager, property adviser and solicitor, and state when independent advice is preferred.

Section 16: Tax, distributions and annual administration

16.1 What tax principle should guide the trustee?

Ask the trustee to act lawfully, obtain current advice and consider tax consequences without allowing tax minimisation to override beneficiary welfare or fiduciary duties.

16.2 Which annual deadlines and records matter?

Point to the accountant, trust deed, distribution resolutions, financial statements, tax returns, beneficiary notices and corporate trustee records.

16.3 Should particular income or gains be streamed?

Do not prescribe an outcome. Ask trustees to consider deed powers, beneficiary circumstances, specific-entitlement rules and current tax advice.

16.4 What should trustees document about tax-driven decisions?

Suggest recording the advice received, alternatives considered, beneficiary interests and the independent decision ultimately made.

Section 17: Charitable, cultural and community support

17.1 Which causes or communities mattered to the family?

Name charities, cultural organisations, faith communities, scholarships or family foundations and explain the connection.

17.2 Are those organisations within the beneficiary class?

Ask the solicitor to confirm whether direct support is permitted. Do not assume the statement can add a charity or organisation not authorised by the deed.

17.3 What level of support is appropriate?

State whether support is secondary to family needs, linked to surplus income, or intended as a long-term family value, subject to trustee discretion.

Section 18: Trustee decision process, conflicts and reasons

18.1 What process do you hope trustees follow for significant decisions?

Suggest reviewing the deed, obtaining current information, identifying conflicts, considering alternatives, seeking advice and recording the independent decision.

18.2 How should trustee conflicts be managed?

Ask trustees to disclose personal interests, follow deed and legal requirements, obtain independent advice and consider whether an unconflicted decision-maker is needed.

18.3 Should reasons be recorded or shared?

State your preference for careful internal records and proportionate beneficiary communication, subject to legal advice about disclosure and confidentiality.

Section 19: Successor trustees and continuity

19.1 What qualities matter in a successor trustee?

Describe independence, competence, availability, financial literacy, family understanding, willingness to obtain advice and ability to manage conflict.

19.2 What records should a successor receive?

List the deed and amendments, resolutions, accounts, tax records, asset register, adviser contacts, litigation, beneficiary records and current statement of wishes.

19.3 Who should explain the family and trust history?

Name the solicitor, accountant, family representative or outgoing trustee who can provide context without directing the new trustee’s decisions.

19.4 What should happen if no suitable family trustee is available?

Note any preference for an independent professional or corporate trustee, subject to the deed, appointment powers, costs and advice.

Section 20: Storage, access, review and change history

20.1 Where is the current statement stored?

Record the protected Evaheld location, solicitor copy, trustee copy, physical original and person responsible for confirming access.

20.2 Who currently has access?

List the trustee, directors, appointor, guardian, solicitor, accountant and successor-access arrangements, with the date each person received it.

20.3 When should it be reviewed?

Review annually and after a new trustee, appointor change, deed amendment, marriage, separation, birth, death, disability, business sale, major distribution, tax change or family conflict.

20.4 What changed in this version?

Record the date, sections changed, reason, professional review, old copies removed and people notified.

Complete and share your statement of wishes template in your Evaheld Legacy Vault for free. Keep the trustee version protected, maintain a clear change history and give successor trustees access only when their role begins.

Worked statement of wishes example for a family discretionary trust

Private and confidential—to the trustee of the Gomes Family Trust.

This statement records my current wishes and the family context behind the trust. It is non-binding. It does not amend the trust deed, create an entitlement or require the trustee to follow a particular outcome. I ask the trustee to exercise independent judgment under the deed, fiduciary duties, current law and professional advice.

The trust was established to provide long-term security and opportunity for my spouse, children and later descendants while preserving enough flexibility to respond to needs I could not predict. During my spouse Daniel’s lifetime, I hope the trustee gives significant weight to secure housing, health care and a reasonable standard of living. That preference should not prevent urgent support for another vulnerable beneficiary.

For our children, equality is a starting point rather than a requirement that every annual distribution be identical. Anna received substantial help to purchase a home. James has ongoing disability-related costs and may require accessible housing and support over his lifetime. Claire is financially independent but may still need help during illness, caregiving or hardship. I hope the trustee considers the family’s support over time and records the reasons for material differences.

I prefer routine support to come from income where practical, with capital preserved for major health, housing, education, disability or genuine hardship needs. This is not a fixed rule. The trustee should consider current trust resources, tax, inflation, investment risk and the needs of future beneficiaries.

If a beneficiary faces bankruptcy, relationship breakdown, coercion or financial exploitation, I hope the trustee obtains legal advice and considers alternatives to an outright distribution. Any process should respect the beneficiary’s dignity and involve them where possible.

The trust owns shares in the family company. Management, employment and beneficial support should be considered separately. A family member should not receive control merely because they are related. Capability, commitment, employee welfare, independent valuation and the company agreements should guide any succession decision.

I ask the trustee to obtain current tax advice before annual resolutions and significant capital decisions. Tax efficiency matters, but it should not override the deed, fiduciary duties or the genuine welfare of beneficiaries.

The current deed, amendments, accounts, adviser contacts and this statement are stored in Evaheld. Every earlier statement should be marked superseded. I hope each successor trustee receives the family context but understands that the responsibility to decide remains entirely theirs.

Statement of wishes mistakes that undermine a discretionary trust

Do not write the statement as though the trustee is your agent. Do not add beneficiaries, guarantee distributions or impose a fixed entitlement that the deed does not contain. Do not threaten the trustee with removal for exercising independent judgment.

Do not prescribe annual tax distributions without current advice. Do not assume the same outcome remains appropriate after separation, disability, bankruptcy, migration, tax-law change or a major shift in trust assets.

Do not describe one beneficiary’s health, finances or family conflict in more detail than the trustee needs. A confidential statement may still become relevant in litigation or advice. Use separate restricted appendices where appropriate.

Do not leave contradictory versions with different trustees, accountants and family members. Every copy should show its date and version, and superseded versions should be removed or clearly marked.

For complex trust-control or succession issues, use Evaheld’s estate-planning lawyer preparation guide to organise the deed, amendments, company records, beneficiary circumstances and questions before professional review.

How to store and update a trustee statement of wishes

Store the current statement with the trust records or in a protected system that the trustee and successor trustee can access. The trustee should also know where to find the deed, amendments, annual resolutions, accounts, tax returns, asset register, company records and professional contacts.

ASIC’s company record-keeping guidance is relevant where a corporate trustee acts. It explains the financial, contractual, constitutional and register records companies should maintain.

Update the statement when its assumptions change, not merely when the trust deed changes. A new beneficiary, changed dependency, separation, disability, business sale, major distribution or new trustee may materially alter the guidance.

Evaheld’s legacy contact settings checklist can help confirm that the current trustee, appointor, solicitor and accountant still have the correct level of access.

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Why create and share a statement of wishes in Evaheld

A discretionary trust may continue for decades. Trustees change, directors retire, beneficiaries grow, family businesses evolve and the reasons behind the structure can disappear even while the legal deed remains intact.

Evaheld gives the statement one protected home beside the deed location, adviser map, family context, review history and successor-trustee instructions. The trustee can access the complete document. Beneficiaries can receive separate personal explanations without seeing confidential information about one another.

The statement can also sit beside the broader letter of wishes, asset memorandum, family readiness records and personal legacy documents, preserving a clear boundary between legal authority, trustee guidance, practical records and emotional messages.

Start your statement of wishes template today. Write the trust’s purpose, priority framework and trustee-independence disclaimer first, then complete the beneficiary and distribution sections that would remove the most uncertainty.

Statement of wishes template FAQs

What is a statement of wishes for a discretionary trust?

A statement of wishes is a private, usually non-binding document explaining how the person behind a discretionary trust hopes the trustee will exercise broad powers over income, capital, investments and beneficiary support. It gives purpose and context without amending the trust deed. Evaheld’s letter of wishes guide explains the broader companion-document role, while Blue Ocean Law’s trustee letter of wishes guidance describes its use where trustees hold wide discretionary powers.

Is a statement of wishes legally binding on the trustee?

Generally no. The trustee must exercise independent judgment under the trust deed, fiduciary duties and applicable law. The statement may be relevant context, but it should not impose penalties, mandatory outcomes or language that improperly restricts discretion. Evaheld’s statement of wishes template includes a non-binding disclaimer, while Carroll & O’Dea’s legal guidance warns against directive language and fettering trustee discretion.

Who should write and receive a trustee statement of wishes?

The settlor, appointor, principal family member or other person whose intentions are relevant may prepare it, but the trust deed and legal advice should confirm the appropriate author and recipient. It should normally be addressed to the current trustee and made available to successor trustees under controlled access. Evaheld’s Rooms and access guidance supports role-based sharing, while By Lawyers’ Australian memorandum of wishes update describes the document as guidance from the settlor to trustees.

Can a trustee ignore a statement of wishes?

A trustee is not automatically required to follow it and may depart from it where circumstances, the deed, fiduciary duties, tax consequences or beneficiary interests justify another decision. The trustee should still understand the trust’s purpose and document its own decision-making. Evaheld’s memorandum of wishes guide explains the distinction between guidance and authority, while Cassady Law’s discretionary trust analysis emphasises the trustee’s independent fiduciary role.

Can the statement name a spouse or child as the primary beneficiary?

It can express a preference that a spouse, child or another beneficiary receive priority consideration, but it cannot add someone who is not within the beneficiary class or guarantee an entitlement that the deed does not create. Evaheld’s personal legacy letter guide keeps emotional family messages separate, while Practical Law’s discretionary trust letter summary includes options for spouse priority and children’s benefit while preserving trustee discretion.

How should I guide equal or unequal treatment of beneficiaries?

Explain the principle rather than prescribing rigid percentages. You may say that equality is a starting point, that genuine needs or prior support may justify differences, and that the trustee should consider current circumstances without treating unequal distributions as unequal love. Evaheld’s ethical will template helps preserve the values behind the approach, while Willed’s letter of wishes guidance explains how such documents can provide context for distributions and exclusions.

What should the statement say about minors, disability or vulnerable beneficiaries?

Record the outcomes and safeguards you hope the trustee considers: health, education, supported decision-making, accessible housing, therapy, communication, protection from exploitation, gradual financial responsibility and long-term security. Avoid language that assumes disability means incapacity or directs the trustee to act outside the deed. Evaheld’s family readiness checklist can connect the trust guidance to practical care information, while Blue Ocean Law’s trustee wishes document recognises guidance on how wide discretionary powers should be exercised.

Can I tell trustees to minimise tax when making distributions?

You may ask trustees to obtain current tax and legal advice and consider lawful tax consequences, but the statement should not prescribe annual distributions or override the deed, trustee duties or tax law. Evaheld’s affairs-in-order checklist helps identify accountants and tax records, while the Australian Taxation Office’s trust tax guidance explains trustee resolution and distribution timing requirements.

Should a statement of wishes be confidential from beneficiaries?

It is commonly marked private and confidential, but confidentiality is not absolute and disclosure questions may depend on the trust, jurisdiction, dispute and professional advice. Avoid including unnecessary private information about one beneficiary in a document that may later be disclosed. Evaheld’s security guidance explains controlled storage, while Carroll & O’Dea’s drafting guidance recommends marking letters of wishes private and confidential.

How often should I update the statement, and where should it be stored?

Review it at least annually and after a new trustee, appointor change, marriage, separation, birth, death, disability, business sale, major distribution, trust amendment or material tax change. Date every version, remove superseded copies and ensure the current and successor trustees know where it is. Evaheld’s legacy contact settings checklist supports the access review, while Blue Ocean Law’s trustee letter guidance explains why a separate, updateable document is useful.

Statement of wishes next steps for responsible trustee guidance

Confirm the deed and current roles. Identify the correct author and trustee. State clearly that the document is non-binding. Explain the trust’s purpose, beneficiary priorities and relevant factors without prescribing fixed outcomes. Then add successor access, review dates and a change history.

The goal is not to control every future trustee decision. It is to preserve enough family context that independent trustees can understand why the trust exists, ask better questions and exercise discretion with greater care.

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statement of wishes for a discretionary trust?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" A statement of wishes is a private, usually non-binding document explaining how the person behind a discretionary trust hopes the trustee will exercise broad powers over income, capital, investments and beneficiary support. It gives purpose and context without amending the trust deed. Evaheld’s letter of wishes guide explains the broader companion-document role, while Blue Ocean Law’s trustee letter of wishes guidance describes its use where trustees hold wide discretionary powers. \"}},{\"@type\":\"Question\",\"name\":\"Is a statement of wishes legally binding on the trustee?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" Generally no. The trustee must exercise independent judgment under the trust deed, fiduciary duties and applicable law. The statement may be relevant context, but it should not impose penalties, mandatory outcomes or language that improperly restricts discretion. Evaheld’s statement of wishes template includes a non-binding disclaimer, while Carroll & O’Dea’s legal guidance warns against directive language and fettering trustee discretion. \"}},{\"@type\":\"Question\",\"name\":\"Who should write and receive a trustee statement of wishes?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" The settlor, appointor, principal family member or other person whose intentions are relevant may prepare it, but the trust deed and legal advice should confirm the appropriate author and recipient. It should normally be addressed to the current trustee and made available to successor trustees under controlled access. Evaheld’s Rooms and access guidance supports role-based sharing, while By Lawyers’ Australian memorandum of wishes update describes the document as guidance from the settlor to trustees. \"}},{\"@type\":\"Question\",\"name\":\"Can a trustee ignore a statement of wishes?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" A trustee is not automatically required to follow it and may depart from it where circumstances, the deed, fiduciary duties, tax consequences or beneficiary interests justify another decision. The trustee should still understand the trust’s purpose and document its own decision-making. Evaheld’s memorandum of wishes guide explains the distinction between guidance and authority, while Cassady Law’s discretionary trust analysis emphasises the trustee’s independent fiduciary role. \"}},{\"@type\":\"Question\",\"name\":\"Can the statement name a spouse or child as the primary beneficiary?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" It can express a preference that a spouse, child or another beneficiary receive priority consideration, but it cannot add someone who is not within the beneficiary class or guarantee an entitlement that the deed does not create. Evaheld’s personal legacy letter guide keeps emotional family messages separate, while Practical Law’s discretionary trust letter summary includes options for spouse priority and children’s benefit while preserving trustee discretion. \"}},{\"@type\":\"Question\",\"name\":\"How should I guide equal or unequal treatment of beneficiaries?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" Explain the principle rather than prescribing rigid percentages. You may say that equality is a starting point, that genuine needs or prior support may justify differences, and that the trustee should consider current circumstances without treating unequal distributions as unequal love. Evaheld’s ethical will template helps preserve the values behind the approach, while Willed’s letter of wishes guidance explains how such documents can provide context for distributions and exclusions. \"}},{\"@type\":\"Question\",\"name\":\"What should the statement say about minors, disability or vulnerable beneficiaries?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" Record the outcomes and safeguards you hope the trustee considers: health, education, supported decision-making, accessible housing, therapy, communication, protection from exploitation, gradual financial responsibility and long-term security. Avoid language that assumes disability means incapacity or directs the trustee to act outside the deed. Evaheld’s family readiness checklist can connect the trust guidance to practical care information, while Blue Ocean Law’s trustee wishes document recognises guidance on how wide discretionary powers should be exercised. \"}},{\"@type\":\"Question\",\"name\":\"Can I tell trustees to minimise tax when making distributions?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" You may ask trustees to obtain current tax and legal advice and consider lawful tax consequences, but the statement should not prescribe annual distributions or override the deed, trustee duties or tax law. Evaheld’s affairs-in-order checklist helps identify accountants and tax records, while the Australian Taxation Office’s trust tax guidance explains trustee resolution and distribution timing requirements. \"}},{\"@type\":\"Question\",\"name\":\"Should a statement of wishes be confidential from beneficiaries?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" It is commonly marked private and confidential, but confidentiality is not absolute and disclosure questions may depend on the trust, jurisdiction, dispute and professional advice. Avoid including unnecessary private information about one beneficiary in a document that may later be disclosed. Evaheld’s security guidance explains controlled storage, while Carroll & O’Dea’s drafting guidance recommends marking letters of wishes private and confidential. \"}},{\"@type\":\"Question\",\"name\":\"How often should I update the statement, and where should it be stored?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\" Review it at least annually and after a new trustee, appointor change, marriage, separation, birth, death, disability, business sale, major distribution, trust amendment or material tax change. Date every version, remove superseded copies and ensure the current and successor trustees know where it is. Evaheld’s legacy contact settings checklist supports the access review, while Blue Ocean Law’s trustee letter guidance explains why a separate, updateable document is useful. \"}}]},{\"@type\":\"HowTo\",\"@id\":\"https://evaheld.com/blog/statement-of-wishes-discretionary-trust-template#howto\",\"name\":\"How to organise the estate-planning information described in Statement of Wishes for Discretionary Trust: Trustee Wishes Template\",\"description\":\"Use Charli to personalise your free Evaheld Legacy Vault and organise the current legal documents, executor or trustee notes, asset information, adviser contacts, trusted people and questions requiring professional advice relevant to Statement of Wishes for Discretionary Trust: Trustee Wishes Template.\",\"step\":[{\"@type\":\"HowToStep\",\"position\":1,\"name\":\"Identify the relevant documents and decisions\",\"text\":\"Tell Charli what you want to achieve using Statement of Wishes for Discretionary Trust: Trustee Wishes Template, who is involved, what information already exists and which decisions or questions still need attention.\"},{\"@type\":\"HowToStep\",\"position\":2,\"name\":\"Create your free estate-planning vault\",\"text\":\"Create a free Evaheld account and save a personalised vault structure for current legal documents, executor or trustee notes, asset information, adviser contacts, trusted people and questions requiring professional advice.\"},{\"@type\":\"HowToStep\",\"position\":3,\"name\":\"Organise records for trusted people and advisers\",\"text\":\"Complete the most useful records first, choose appropriate access for trusted people and review the information whenever documents, contacts, wishes or circumstances change.\"}]}]} Last Updated: August 11, 2026 A statement of wishes for a discretionary trust is a private, usually non-binding document that explains how you hope the trustee will exercise broad powers over trust income, capital, investments and beneficiary support. It gives the trustee the family context, priorities and values that a trust deed cannot easily contain without reducing the flexibility that makes a discretionary trust useful. The statement should not operate as a hidden amendment to the trust deed. It cannot add beneficiaries, change the trustee’s powers, appoint a new trustee or appointor, guarantee a distribution, create a fixed entitlement or require the trustee to ignore fiduciary duties, tax law or materially changed circumstances. A properly drafted statement guides independent judgment; it does not replace it. This article includes a complete 20-section trustee wishes template with detailed grey response boxes. It covers the trust’s purpose, governing deed, author and recipient, confidentiality, trustee independence, primary beneficiaries, spouse and partner support, children and descendants, minors, disability, housing, education, health, income and capital, relationship breakdown, bankruptcy, family business, investments, tax, philanthropy, trustee records, successor trustees and version control. Keep this trust-specific document separate from your broader letter of wishes , asset-focused memorandum of wishes , values-based ethical will and practical executor handover pack . Each record serves a different decision-maker and should be shared only with the people who need it. What the current leading discretionary trust wishes resources cover Blue Ocean Law’s current trustee letter of wishes guidance focuses on the central use case: trustees hold wide discretionary powers, so the family’s wishes and reasons are recorded separately to preserve flexibility while giving the trustee useful direction. Practical Law’s discretionary trust letter summary adds common distribution priorities: support for a surviving spouse or partner, guidance for children, equal treatment as a starting point, exceptional circumstances that may justify unequal support, confidentiality and professional tax advice. Carroll & O’Dea’s Australian letters of wishes analysis adds the essential legal safeguards. The document should be addressed to the correct trustee, state that it is unenforceable, remain private and confidential where appropriate, avoid directive language and never fetter the trustee’s discretion. The Evaheld template includes all of that and goes further with a beneficiary-circumstances framework, income-versus-capital guidance, support for minors and vulnerable beneficiaries, housing and education priorities, relationship and creditor risks, family-business continuity, investment and liquidity principles, tax-resolution boundaries, trustee decision records, successor-trustee onboarding and a complete review history. Statement of wishes versus the trust deed, trustee resolution and distribution minute The trust deed creates and governs the trust. It identifies the trustee, beneficiary class, trust property, powers, restrictions, succession mechanisms and distribution framework. The statement of wishes cannot amend those terms unless the deed and law permit an effective amendment through the proper process. A trustee resolution or distribution minute records a decision actually made by the trustee under the deed. It may be required by a particular deadline and can have legal and tax consequences. The statement of wishes is not a substitute for that annual decision or record. The statement instead explains the purpose behind the trust and the considerations you hope the trustee weighs. It may say that the surviving spouse should usually receive priority support, that children should generally be treated fairly over time rather than identically each year, or that capital preservation matters because a beneficiary has lifelong disability-related needs. The Australian Taxation Office’s trust tax guidance explains that discretionary trustees may need written resolutions by relevant deadlines and that distributable income is determined under the trust deed. A statement of wishes cannot make the resolution for the trustee. Who should write and receive the statement The correct author depends on the structure. In some trusts, the formal settlor contributes only a nominal initial amount and has no ongoing family role. The meaningful statement may instead come from a principal family member, appointor, guardian or another person whose intentions the trust was designed to serve. Professional advice should confirm who can prepare the statement without creating tax, control or trust-validity concerns. Address the current trustee by legal name. Where a corporate trustee acts, identify the company and its directors. Record who should provide the statement to successor trustees and whether the appointor, guardian, solicitor, accountant or family council may also access it. Do not circulate the full statement automatically to every beneficiary. It may contain sensitive information about health, dependency, prior support or family conflict. Evaheld’s Rooms and selective sharing guidance can keep the trustee copy separate from family-facing explanations. Create your statement of wishes template in Evaheld now, beginning with the trust deed details, correct author, current trustee and non-binding status. How to guide a trustee without fettering discretion A discretionary trustee must make its own decision. The statement should identify purposes, priorities and relevant factors rather than dictate a fixed outcome. Use language such as “I hope the trustee considers”, “my preference is”, “the factors that mattered to me include” and “subject to the deed, current circumstances and professional advice”. Avoid language such as “the trustee must distribute”, “the trustee shall never support”, “exactly 50% must go to” or “the trustee will be removed if this is not followed” unless the formal deed lawfully contains the relevant requirement. Directive wording may create confusion, undermine flexibility or support an argument that the trustee failed to exercise independent judgment. Cassady Law’s discretionary trust analysis emphasises that trustees act as fiduciaries rather than nominees or agents of the settlor. The trustee must independently exercise administrative and dispositive powers under the deed. A good statement also recognises that circumstances change. A beneficiary who appears financially secure today may later experience disability, divorce, bankruptcy, caregiving responsibility or exploitation. The trustee needs enough flexibility to respond. How to express beneficiary priorities without creating fixed entitlements You may identify people whose wellbeing was central to the trust’s purpose, provided they are within the beneficiary class. For example, a surviving spouse may be the intended primary beneficiary during their lifetime, with children and descendants considered alongside or after that support. Describe the practical outcome rather than a guaranteed amount. You may hope the spouse can maintain secure housing, health care and a reasonable standard of living. You may hope adult children receive support for education, housing, enterprise or hardship. The trustee must still consider the deed, available trust resources, tax, competing needs and legal duties. Where equality matters, explain what equality means. Equal annual distributions may be inappropriate when one child has received substantial prior support, another has disability-related costs and a third is financially independent. You may state that fairness over time is the principle, that differences should be reasoned and documented, and that financial support is not a measure of love or status within the family. Income, capital and the timing of support Trust income and trust capital may be subject to different deed provisions, tax treatment and practical consequences. The statement can explain whether routine living support should generally come from income, whether capital should usually be preserved, and which circumstances may justify capital access. Examples may include purchasing accessible housing, funding essential medical treatment, supporting education, protecting a beneficiary from homelessness, acquiring an interest in a viable business, or responding to severe hardship. Avoid setting automatic dollar thresholds that may become unrealistic or tax-inefficient. The ATO’s trust income guidance explains that a beneficiary’s tax position can depend on present entitlement and the deed’s definition of income. Ask the trustee to obtain current accounting and legal advice rather than using the statement as a tax instruction. Replace each grey guidance box with your own wording. Remove sections that do not apply. Have the final statement reviewed against the current trust deed, trustee structure, succession documents, tax position and applicable law. Section 1: Document identity, author and trust details 1.1 Who is making this statement? Add your full legal name, relationship to the trust, role such as principal family member or appointor, address, contact details and the basis on which your intentions are relevant. 1.2 Which trust does it concern? Record the exact trust name, deed date, jurisdiction, trustee, ABN or TFN reference location and solicitor or accountant holding the deed. 1.3 When was this version prepared? Add the date, version number and the earlier statement or memorandum this version replaces. Section 2: Status, legal boundary and confidentiality 2.1 Do you intend these instructions to be binding where legally possible? Select one: Yes — I intend this to be binding where legally possible No — this is non-binding guidance only Important: A selection does not amend the trust deed or make the statement binding. Any intended legal requirement must be reviewed and implemented through the correct formal instrument. 2.2 What disclaimer should apply? State that the trustee must act independently under the deed, fiduciary duties, current law and professional advice, and may depart from the statement where appropriate. 2.3 Should the statement remain confidential? Mark it private and confidential, identify authorised recipients and acknowledge that disclosure may still be required or appropriate under law or professional advice. Section 3: Trustee, appointor, guardian and adviser roles 3.1 Who is the current trustee? Add the individual or corporate trustee’s legal name, ACN where relevant, directors, contact details and commencement date. 3.2 Who holds appointment or removal powers? Record the appointor, principal, guardian or protector, successor provisions and the deed clauses or documents governing the role. 3.3 Which advisers understand the trust? Add solicitor, accountant, financial adviser, bookkeeper and investment adviser, with contact details and the records each person holds. 3.4 Who should receive this statement if the trustee changes? Name the person responsible for onboarding a successor trustee and confirming that the current version and deed are delivered. Section 4: Original purpose of the trust 4.1 Why was the trust established? Explain the family, business, asset-protection, succession, disability-support, investment or intergenerational purpose without describing tax avoidance as the purpose. 4.2 Which values should inform administration? Name values such as security, fairness, independence, stewardship, opportunity, dignity, education or family continuity and connect them to practical decisions. 4.3 What is outside the trust’s intended purpose? Identify uses you would generally not support, while recognising that the deed and trustee’s independent judgment prevail. Section 5: Beneficiary class and priority framework 5.1 Which people or groups were central to the trust’s purpose? Name primary family members or groups only if they fall within the deed’s beneficiary class. Do not add new beneficiaries through this statement. 5.2 Is there a general order of priority? Explain whether a spouse, partner, dependent child, vulnerable beneficiary or another group should usually receive priority consideration, subject to present circumstances. 5.3 What does fairness mean across beneficiaries? State whether equality is a starting point, whether needs and prior support may justify differences, and that financial support should not be treated as a ranking of family worth. Section 6: Surviving spouse or partner support 6.1 What standard of support do you hope is maintained? Describe secure housing, health care, daily living, companionship, travel, family participation or another reasonable standard without promising a fixed amount. 6.2 Should the spouse or partner usually receive priority during life? State the preference, factors that may justify a different approach and the need to consider other dependent or vulnerable beneficiaries. 6.3 What should happen after a new relationship, separation or remarriage? Identify relevant concerns such as shared housing, coercion, family assets and changed dependency, while leaving the trustee to apply the deed and obtain advice. Section 7: Children and descendants 7.1 How should adult children generally be considered? Explain whether support should focus on genuine opportunity, hardship, health, education, housing or another purpose rather than routine entitlement. 7.2 How should grandchildren and later descendants be considered? State whether support should ordinarily flow through their parent, be considered independently or depend on vulnerability, education or family circumstances. 7.3 How should prior lifetime support be treated? Record major gifts, housing support, business assistance or education funding and whether they are relevant context rather than automatic deductions. Section 8: Minors and young adults 8.1 Which needs should receive priority for minors? Include health, education, stable housing, therapy, accessibility, cultural connection, extracurricular activities and reasonable family experiences. 8.2 Should capital be released directly at a particular age? Explain your preference for staged responsibility, trustee-managed support or direct distributions, but confirm that the deed controls and maturity differs between people. 8.3 What financial education or safeguards matter? Suggest budgeting, independent advice, gradual access, co-signing or another support without humiliating or infantilising the beneficiary. Section 9: Disability, illness and vulnerable beneficiaries 9.1 What long-term outcomes matter most? Describe dignity, supported decision-making, accessible housing, health care, communication, community participation, relationships and long-term security. 9.2 Which existing supports or benefits should be considered? Identify NDIS plans, pensions, compensation, insurance, special disability trusts, care teams and advisers without assuming a distribution will have no effect. 9.3 Who understands the beneficiary’s preferences and communication? Add trusted family, advocates, support coordinators, clinicians and the current care-information location. 9.4 What should trustees avoid assuming? State that disability, age or diagnosis does not automatically remove capacity, preference, autonomy or the right to participate in decisions. Section 10: Education, training and personal development 10.1 What kinds of education should the trustee consider? Include school, university, vocational training, apprenticeships, disability supports, professional development, retraining or another pathway. 10.2 Which related costs may be reasonable? Note fees, books, equipment, accommodation, transport, accessibility, childcare and reasonable living costs. 10.3 Should the trustee require evidence or milestones? Suggest proportionate evidence and review without making support punitive or inaccessible. Section 11: Housing, health and essential living support 11.1 When should housing support be considered? Describe rent, deposit, accessibility modifications, shared-equity, purchase, crisis accommodation or another form, subject to affordability and advice. 11.2 Should the trust own property or support the beneficiary to own it? Explain the preferred outcome and concerns, but ask trustees to consider tax, asset protection, control, benefits, maintenance and long-term suitability. 11.3 Which health and care costs should receive priority? Include treatment, therapy, dental care, equipment, home care, mental health support, accessibility and respite where consistent with the deed. Section 12: Income distributions and capital preservation 12.1 What is your general approach to income distributions? Explain whether income should generally support current needs, be accumulated, reinvested or distributed after tax and cash-flow advice. 12.2 When may capital support be appropriate? Identify major health, housing, education, business, hardship or disability needs as factors rather than automatic entitlements. 12.3 How strongly should capital preservation be weighted? Describe the intended duration of the trust, future generations, vulnerable beneficiaries, inflation, investment risk and the possibility that current need may justify capital use. Section 13: Relationship breakdown, bankruptcy and exploitation risk 13.1 What risks should trustees consider before a distribution? Note bankruptcy, creditor claims, family-law proceedings, coercive control, financial abuse, addiction, scams or impaired decision-making as matters requiring advice and evidence. 13.2 What alternatives to an outright distribution may be considered? Suggest direct payment for goods or services, trustee-owned property, staged support or another lawful method, subject to the deed and professional advice. 13.3 How should privacy and dignity be protected? Ask trustees to request only necessary information, restrict disclosure, avoid stigma and involve the beneficiary where possible. Section 14: Family business, employment and enterprise support 14.1 Does the trust hold or support a family business? Identify the entity, ownership, directors, key employees, governing agreements and advisers. Distinguish trust ownership from company property. 14.2 What principles should guide business succession? Explain capability, commitment, fair remuneration, continuity, independent valuation, employee welfare and why management, ownership and family equality may differ. 14.3 When should the trust support a beneficiary’s enterprise? Suggest a business plan, independent advice, co-investment, staged funding, security or another evidence-based process without guaranteeing approval. ASIC’s company record-keeping guidance explains the financial, contractual and register records corporate trustees and family companies may need to maintain. Section 15: Investment, liquidity and risk principles 15.1 What investment purpose should trustees keep in mind? Describe income, capital growth, liquidity, intergenerational preservation, beneficiary support or another objective, subject to trustee duties and advice. 15.2 What risks should be avoided or limited? Note excessive concentration, related-party transactions, illiquidity, leverage, speculative assets, unmanaged property or conflicts of interest. 15.3 What liquidity should be retained? Describe foreseeable tax, maintenance, beneficiary, care, debt and emergency needs without setting a figure that may become obsolete. 15.4 Which advisers should be consulted? Name the financial adviser, accountant, investment manager, property adviser and solicitor, and state when independent advice is preferred. Section 16: Tax, distributions and annual administration 16.1 What tax principle should guide the trustee? Ask the trustee to act lawfully, obtain current advice and consider tax consequences without allowing tax minimisation to override beneficiary welfare or fiduciary duties. 16.2 Which annual deadlines and records matter? Point to the accountant, trust deed, distribution resolutions, financial statements, tax returns, beneficiary notices and corporate trustee records. 16.3 Should particular income or gains be streamed? Do not prescribe an outcome. Ask trustees to consider deed powers, beneficiary circumstances, specific-entitlement rules and current tax advice. 16.4 What should trustees document about tax-driven decisions? Suggest recording the advice received, alternatives considered, beneficiary interests and the independent decision ultimately made. Section 17: Charitable, cultural and community support 17.1 Which causes or communities mattered to the family? Name charities, cultural organisations, faith communities, scholarships or family foundations and explain the connection. 17.2 Are those organisations within the beneficiary class? Ask the solicitor to confirm whether direct support is permitted. Do not assume the statement can add a charity or organisation not authorised by the deed. 17.3 What level of support is appropriate? State whether support is secondary to family needs, linked to surplus income, or intended as a long-term family value, subject to trustee discretion. Section 18: Trustee decision process, conflicts and reasons 18.1 What process do you hope trustees follow for significant decisions? Suggest reviewing the deed, obtaining current information, identifying conflicts, considering alternatives, seeking advice and recording the independent decision. 18.2 How should trustee conflicts be managed? Ask trustees to disclose personal interests, follow deed and legal requirements, obtain independent advice and consider whether an unconflicted decision-maker is needed. 18.3 Should reasons be recorded or shared? State your preference for careful internal records and proportionate beneficiary communication, subject to legal advice about disclosure and confidentiality. Section 19: Successor trustees and continuity 19.1 What qualities matter in a successor trustee? Describe independence, competence, availability, financial literacy, family understanding, willingness to obtain advice and ability to manage conflict. 19.2 What records should a successor receive? List the deed and amendments, resolutions, accounts, tax records, asset register, adviser contacts, litigation, beneficiary records and current statement of wishes. 19.3 Who should explain the family and trust history? Name the solicitor, accountant, family representative or outgoing trustee who can provide context without directing the new trustee’s decisions. 19.4 What should happen if no suitable family trustee is available? Note any preference for an independent professional or corporate trustee, subject to the deed, appointment powers, costs and advice. Section 20: Storage, access, review and change history 20.1 Where is the current statement stored? Record the protected Evaheld location, solicitor copy, trustee copy, physical original and person responsible for confirming access. 20.2 Who currently has access? List the trustee, directors, appointor, guardian, solicitor, accountant and successor-access arrangements, with the date each person received it. 20.3 When should it be reviewed? Review annually and after a new trustee, appointor change, deed amendment, marriage, separation, birth, death, disability, business sale, major distribution, tax change or family conflict. 20.4 What changed in this version? Record the date, sections changed, reason, professional review, old copies removed and people notified. Complete and share your statement of wishes template in your Evaheld Legacy Vault for free. Keep the trustee version protected, maintain a clear change history and give successor trustees access only when their role begins. Worked statement of wishes example for a family discretionary trust Private and confidential—to the trustee of the Gomes Family Trust. This statement records my current wishes and the family context behind the trust. It is non-binding. It does not amend the trust deed, create an entitlement or require the trustee to follow a particular outcome. I ask the trustee to exercise independent judgment under the deed, fiduciary duties, current law and professional advice. The trust was established to provide long-term security and opportunity for my spouse, children and later descendants while preserving enough flexibility to respond to needs I could not predict. During my spouse Daniel’s lifetime, I hope the trustee gives significant weight to secure housing, health care and a reasonable standard of living. That preference should not prevent urgent support for another vulnerable beneficiary. For our children, equality is a starting point rather than a requirement that every annual distribution be identical. Anna received substantial help to purchase a home. James has ongoing disability-related costs and may require accessible housing and support over his lifetime. Claire is financially independent but may still need help during illness, caregiving or hardship. I hope the trustee considers the family’s support over time and records the reasons for material differences. I prefer routine support to come from income where practical, with capital preserved for major health, housing, education, disability or genuine hardship needs. This is not a fixed rule. The trustee should consider current trust resources, tax, inflation, investment risk and the needs of future beneficiaries. If a beneficiary faces bankruptcy, relationship breakdown, coercion or financial exploitation, I hope the trustee obtains legal advice and considers alternatives to an outright distribution. Any process should respect the beneficiary’s dignity and involve them where possible. The trust owns shares in the family company. Management, employment and beneficial support should be considered separately. A family member should not receive control merely because they are related. Capability, commitment, employee welfare, independent valuation and the company agreements should guide any succession decision. I ask the trustee to obtain current tax advice before annual resolutions and significant capital decisions. Tax efficiency matters, but it should not override the deed, fiduciary duties or the genuine welfare of beneficiaries. The current deed, amendments, accounts, adviser contacts and this statement are stored in Evaheld. Every earlier statement should be marked superseded. I hope each successor trustee receives the family context but understands that the responsibility to decide remains entirely theirs. Statement of wishes mistakes that undermine a discretionary trust Do not write the statement as though the trustee is your agent. Do not add beneficiaries, guarantee distributions or impose a fixed entitlement that the deed does not contain. Do not threaten the trustee with removal for exercising independent judgment. Do not prescribe annual tax distributions without current advice. Do not assume the same outcome remains appropriate after separation, disability, bankruptcy, migration, tax-law change or a major shift in trust assets. Do not describe one beneficiary’s health, finances or family conflict in more detail than the trustee needs. A confidential statement may still become relevant in litigation or advice. Use separate restricted appendices where appropriate. Do not leave contradictory versions with different trustees, accountants and family members. Every copy should show its date and version, and superseded versions should be removed or clearly marked. For complex trust-control or succession issues, use Evaheld’s estate-planning lawyer preparation guide to organise the deed, amendments, company records, beneficiary circumstances and questions before professional review. How to store and update a trustee statement of wishes Store the current statement with the trust records or in a protected system that the trustee and successor trustee can access. The trustee should also know where to find the deed, amendments, annual resolutions, accounts, tax returns, asset register, company records and professional contacts. ASIC’s company record-keeping guidance is relevant where a corporate trustee acts. It explains the financial, contractual, constitutional and register records companies should maintain. Update the statement when its assumptions change, not merely when the trust deed changes. A new beneficiary, changed dependency, separation, disability, business sale, major distribution or new trustee may materially alter the guidance. Evaheld’s legacy contact settings checklist can help confirm that the current trustee, appointor, solicitor and accountant still have the correct level of access. Why create and share a statement of wishes in Evaheld A discretionary trust may continue for decades. Trustees change, directors retire, beneficiaries grow, family businesses evolve and the reasons behind the structure can disappear even while the legal deed remains intact. Evaheld gives the statement one protected home beside the deed location, adviser map, family context, review history and successor-trustee instructions. The trustee can access the complete document. Beneficiaries can receive separate personal explanations without seeing confidential information about one another. The statement can also sit beside the broader letter of wishes, asset memorandum, family readiness records and personal legacy documents, preserving a clear boundary between legal authority, trustee guidance, practical records and emotional messages. Start your statement of wishes template today. Write the trust’s purpose, priority framework and trustee-independence disclaimer first, then complete the beneficiary and distribution sections that would remove the most uncertainty. Statement of wishes template FAQs What is a statement of wishes for a discretionary trust? A statement of wishes is a private, usually non-binding document explaining how the person behind a discretionary trust hopes the trustee will exercise broad powers over income, capital, investments and beneficiary support. It gives purpose and context without amending the trust deed. Evaheld’s letter of wishes guide explains the broader companion-document role, while Blue Ocean Law’s trustee letter of wishes guidance describes its use where trustees hold wide discretionary powers. Is a statement of wishes legally binding on the trustee? Generally no. The trustee must exercise independent judgment under the trust deed, fiduciary duties and applicable law. The statement may be relevant context, but it should not impose penalties, mandatory outcomes or language that improperly restricts discretion. Evaheld’s statement of wishes template includes a non-binding disclaimer, while Carroll & O’Dea’s legal guidance warns against directive language and fettering trustee discretion. Who should write and receive a trustee statement of wishes? The settlor, appointor, principal family member or other person whose intentions are relevant may prepare it, but the trust deed and legal advice should confirm the appropriate author and recipient. It should normally be addressed to the current trustee and made available to successor trustees under controlled access. Evaheld’s Rooms and access guidance supports role-based sharing, while By Lawyers’ Australian memorandum of wishes update describes the document as guidance from the settlor to trustees. Can a trustee ignore a statement of wishes? A trustee is not automatically required to follow it and may depart from it where circumstances, the deed, fiduciary duties, tax consequences or beneficiary interests justify another decision. The trustee should still understand the trust’s purpose and document its own decision-making. Evaheld’s memorandum of wishes guide explains the distinction between guidance and authority, while Cassady Law’s discretionary trust analysis emphasises the trustee’s independent fiduciary role. Can the statement name a spouse or child as the primary beneficiary? It can express a preference that a spouse, child or another beneficiary receive priority consideration, but it cannot add someone who is not within the beneficiary class or guarantee an entitlement that the deed does not create. Evaheld’s personal legacy letter guide keeps emotional family messages separate, while Practical Law’s discretionary trust letter summary includes options for spouse priority and children’s benefit while preserving trustee discretion. How should I guide equal or unequal treatment of beneficiaries? Explain the principle rather than prescribing rigid percentages. You may say that equality is a starting point, that genuine needs or prior support may justify differences, and that the trustee should consider current circumstances without treating unequal distributions as unequal love. Evaheld’s ethical will template helps preserve the values behind the approach, while Willed’s letter of wishes guidance explains how such documents can provide context for distributions and exclusions. What should the statement say about minors, disability or vulnerable beneficiaries? Record the outcomes and safeguards you hope the trustee considers: health, education, supported decision-making, accessible housing, therapy, communication, protection from exploitation, gradual financial responsibility and long-term security. Avoid language that assumes disability means incapacity or directs the trustee to act outside the deed. Evaheld’s family readiness checklist can connect the trust guidance to practical care information, while Blue Ocean Law’s trustee wishes document recognises guidance on how wide discretionary powers should be exercised. Can I tell trustees to minimise tax when making distributions? You may ask trustees to obtain current tax and legal advice and consider lawful tax consequences, but the statement should not prescribe annual distributions or override the deed, trustee duties or tax law. Evaheld’s affairs-in-order checklist helps identify accountants and tax records, while the Australian Taxation Office’s trust tax guidance explains trustee resolution and distribution timing requirements. Should a statement of wishes be confidential from beneficiaries? It is commonly marked private and confidential, but confidentiality is not absolute and disclosure questions may depend on the trust, jurisdiction, dispute and professional advice. Avoid including unnecessary private information about one beneficiary in a document that may later be disclosed. Evaheld’s security guidance explains controlled storage, while Carroll & O’Dea’s drafting guidance recommends marking letters of wishes private and confidential. How often should I update the statement, and where should it be stored? Review it at least annually and after a new trustee, appointor change, marriage, separation, birth, death, disability, business sale, major distribution, trust amendment or material tax change. Date every version, remove superseded copies and ensure the current and successor trustees know where it is. Evaheld’s legacy contact settings checklist supports the access review, while Blue Ocean Law’s trustee letter guidance explains why a separate, updateable document is useful. Statement of wishes next steps for responsible trustee guidance Confirm the deed and current roles. Identify the correct author and trustee. State clearly that the document is non-binding. Explain the trust’s purpose, beneficiary priorities and relevant factors without prescribing fixed outcomes. Then add successor access, review dates and a change history. The goal is not to control every future trustee decision. 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Access free templates designed to make legacy, care and estate planning clearer and easier to begin.

Explore guided formats for life stories, legacy letters, advance care wishes, funeral preferences, executor information, emergency records and essential family instructions. Each template provides a practical structure you can personalise without facing an empty page or wondering what important information you may have missed.

Explore the complete digital legacy platform to see how completed templates, uploaded documents, recordings and trusted contacts can be stored and organised securely.

Templates are an effective starting point, but they should be reviewed as circumstances change and used alongside qualified legal, financial or healthcare advice where appropriate.

Create your free vault to complete, store and build on your first legacy, care or estate-planning template.

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