{"id":686127,"date":"2026-05-21T23:34:12","date_gmt":"2026-05-21T23:34:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/686127\/"},"modified":"2026-05-21T23:34:12","modified_gmt":"2026-05-21T23:34:12","slug":"bereaved-family-to-be-over-7000-worse-off-under-labors-unfair-and-unjust-new-rules-on-discretionary-trusts","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/686127\/","title":{"rendered":"Bereaved family to be over $7,000 worse off under Labor\u2019s &#8216;unfair and unjust&#8217; new rules on discretionary trusts"},"content":{"rendered":"<p>A bereaved family is expected to be over $7,000 worse off under Labor\u2019s &#8220;unfair and unjust&#8221; new rules on discretionary trusts.<\/p>\n<p>Rod Mitchell\u2019s brother-in-law, John, died from bone marrow cancer in April 2024.<\/p>\n<p>Before his death, John made arrangements which included setting up a discretionary trust to provide for his teenage children.<\/p>\n<p>However, under new rules outlined by Treasurer Jim Chalmers in the latest federal budget, the trust will now be subject to a 30 per cent tax.<\/p>\n<p>The Albanese government will impose the levy <a class=\"body-link\" href=\"https:\/\/www.skynews.com.au\/australia-news\/politics\/albanese-governments-heartless-death-tax-will-add-extra-stress-on-grieving-australians-says-nationals-leader-matt-canavan\/news-story\/b0af64e264f4c1201e6cae552e445d80\" rel=\"noopener nofollow\" target=\"_blank\" data-tgev=\"event119\" data-tgev-container=\"bodylink\" data-tgev-order=\"b0af64e264f4c1201e6cae552e445d80\" data-tgev-label=\"australia-news\" data-tgev-metric=\"ev\">on income generated from inherited assets held in discretionary testamentary trusts, as part of wider reforms to family trusts.<\/a><\/p>\n<p>Existing discretionary testamentary trusts will be exempt from the new tax, but the change essentially renders new discretionary trusts redundant.<\/p>\n<p>Speaking to Sky News host Chris Kenny, Mr Mitchell said the rules would clearly disadvantage his late brother-in-law&#8217;s two children during an already difficult time.<\/p>\n<p>&#8220;It was (John&#8217;s) explicit wish for him to set up a trust and leave money to his two children left behind, so they can get on in life,&#8221; he said.<\/p>\n<p>&#8220;That sum of money was put into a discretionary trust, which my wife and I were made trustees of.<\/p>\n<p>&#8220;One of the children suffered from a severe seizure at birth, resulting in brain damage, and has additional needs.<\/p>\n<p>&#8220;Now we have this issue with proposed laws coming into the trust and they&#8217;ll take thirty per cent of any earnings from the trust.<\/p>\n<p>&#8220;I discussed this with my accountant, who said, yes, these laws will clearly disadvantage the children and they&#8217;ll be worse off.&#8221;<\/p>\n<p>Mr Mitchell said the two children already have enough to deal with, without the added stress of losing money under the new rules.<\/p>\n<p>&#8220;The government will take $7,500 straight from the kids and that just makes them poorer, it doesn&#8217;t help their lives,&#8221; he said.<\/p>\n<p>&#8220;They&#8217;ve got enough challenges, they&#8217;ve lost their father and they are two kids on a single mum&#8217;s income. It&#8217;s unfair and unjust.<\/p>\n<p>&#8220;At this stage, we&#8217;re trying to shelter the children from the news, but they are surrounded by a very wonderful, caring community of people.&#8221;<\/p>\n<p>Nationals leader Matt Canavan previously declared the Albanese government\u2019s \u201cheartless\u201d death tax would pile extra stress on grieving Australians.<\/p>\n<p>\u201cThe government has imposed heartless extra stress on Australian families, both having to plan for their own passing or their family loved ones&#8217; passing,\u201d he told Sky News on Tuesday.<\/p>\n<p>\u201cI don\u2019t think people want the Australian tax office involved in these discussions. It should be stuff dealt with between family members, your lawyers and that&#8217;s about it.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A bereaved family is expected to be over $7,000 worse off under Labor\u2019s &#8220;unfair and unjust&#8221; new rules&hellip;\n","protected":false},"author":2,"featured_media":686128,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[64,63,99,330539,186,184,185],"class_list":["post-686127","post","type-post","status-publish","format-standard","has-post-thumbnail","category-personal-finance","tag-au","tag-australia","tag-business","tag-discretionary-trusts","tag-finance","tag-personal-finance","tag-personalfinance"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/686127","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=686127"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/686127\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/686128"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=686127"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=686127"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=686127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}