The Bare Essentials of Bare Trusts

Unpack the essentials of bare trusts including what they are, how they work and why they matter in tax and estate planning.

In this session, we cover:

• Absolute entitlement

  • Trust essentials

  • Bare trust

  • Absolute entitlement

  • Multiple beneficiaries

• Bare trusts

  • Key requirements

  • Trust deed / Declaration requirements

  • Implications for Beneficiary

  • Implications for Trustee

  • Failure to property create a Bare trust

• CGT considerations

  • CGT events

  • Main residence exemption

  • Mingos v Commissioner of Taxation [2019] FCAFC 211​

  • CGT event E1

  • CGT event E5

  • Trust vesting

Date recorded: 29 October 2025