Why a buy-sell agreement is critical for unit trust holders

Advisers, does your client’s unit trust lack a buy-sell agreement? If so, you could be leaving them exposed to significant risks.

Without a structured agreement, transferring units upon death or incapacity becomes uncertain, often leading to disputes over valuation and control.

A buy-sell agreement ensures a clear process for transferring units and helps minimise tax liabilities. It also provides clarity for your clients and their beneficiaries, preventing

delays and conflict.

Key steps for advisers:

• Review the absence of a buy-sell agreement in your client’s unit trust.

• Consider the tax and estate planning implications.

• Guide your client to establish an agreement that aligns with their estate plan.

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Note: Always consult with a lawyer before making any changes to a unit trust or estate plan to ensure compliance with legal requirements and protect your client’s best interests.

Inherit Australia provides advisers with a structured estate planning facilitation process to ensure that client interests and wishes are maintained as part of their estate plan.