Our Story…

Like all families, we have concerns about the future care and accommodation needs of a disabled family member and this was weighing heavily on our parents.

Our sister has suffered from severe mental health issues since her twenties and has been in and out of hospital over the last 30 years. She is paranoid, not trusting and difficult to care for. Our sister’s life has not been easy, at times surrounded by violent, drug affected people and bouts of homelessness.

Unfortunately, she can be very manipulative and disorganised with poor spending habits and is unable to manage her personal finances. While she can care for herself, she won’t and requires to be reminded and pushed to have a shower.

Under a QCAT guardianship appointment, we provide additional support with personal and health decisions, out of pocket expenses, buying food and coordinating care through NDIS.

The Queensland Public Trustee has been the Administrator for our sister finances for over 25 years and they have been managing her money very well. Our sister has a simple pension and is fully dependent on Centrelink and government housing.

The Public Trustee are consultive in their approach and work well with our family. While it is a little more expensive than looking after this ourselves, the services provided by the Administrator has been invaluable to us.

Planning for the Future…

Our parents were concerned that as a part of preparing their wills, any inheritance that our sister was to receive, could result in the total loss of the critical support provided by Centrelink and government housing.

This is whereas a family we became aware of the benefits of a Special Disability Trust and with legal advice a Special Disability Trust deed was included in the will.

In our family’s situation, the Special Disability Trust allows for the inheritance that our sister receives to be held on trust without impacting the critical support provided by Centrelink and government housing.

Hindsight: Knowing what we know now…

Unfortunately, we lost our mother in February of last year (2025) and during the estate administration, issues with the drafting and administration of the will, the establishment of the Special Disability Trust and our sister’s inheritance, have come to light.

As a result, the Public Trustee as Administrator has lodged a family provision application to challenge the will on behalf of our sister, adding yet another level of complexity, cost and stress to an already difficult time in our lives.

We are working with the Public Trustee to resolve the issues with the will and we appreciate their support of a Special Disability Trust for our sister.

The frustrating part of this is that all of the issues could have been avoided, if we had just obtained specialised advice from the start. Just a couple of extra steps completed and ensuring that Centrelink information was up to date, then we would not be in this position.

Our advice to you…

We strongly recommend that you look into if a Special Disability Trust will be suitable for your family.

Even with everything that we have been through, we would still establish a Special Disability Trust for our sister to protect her from bad actors trying to take advantage of her and to protect her eligibility for housing and Centrelink support.

We recommend that you get started early, seek specialist advice from people who actually know what they are doing, don’t cut corners to save a dollar or you will pay for it in the end in time, stress and money.

Without the support of T&E Accounting and their network of specialist lawyers and financial planners, we would have been stuffed. We only wish we had contacted them sooner.

Our Story…

My sister-in-law has been disabled from 5 years of age; she is now 70. Her parents were the primary carers for all of her life. As our parents got older and were having more difficulty dealing with the day to day, as a family we stepped in to provide additional support.

Unfortunately, we identified that things where not being handled in the best manner and that we needed to look into the better ways to provide for her future.

During our research we came across the benefits of a Special Disability Trust to be able to provide for my sister-in-law’s future care and accommodation needs. Fortunately, we found a Law firm that specialised in estate planning for families with disabilities, who had a compressive understanding of Special Disability Trusts.

As a family and on the lawyer’s advice, it was decided to establish a Special Disability Trust in advance of the passing of her parents. The Trust was setup in March of 2017 and the establishment went smoothly; we obtained the letter of eligibility from Centrelink for my sister-in-law and the Special Disability Trust Deed was then prepared by the lawyer and approved by the Centrelink SDT Team.

To the day my mother-in-law passed away, we don’t believe that she had a full understanding of what a Special Disability Trust was or how it worked, however she had the peace of mind knowing that her daughter was going to be protected and provided for.

On the passing of my mother-in-law, the balance of her daughter’s inheritance was transferred from the estate to the Special Disability Trust, without any issues. Having the Special Disability Trust established and operational before my mothers-in-law passing, made what was already a difficult time for the family, more manageable.

Our issues with the Special Disability Trust came to light during the preparation and lodgment of the annual compliance documentation with Centrelink.

We have an existing accountant that we use for all the families personal and business tax needs, so we decided to use them for the preparation of the Special Disability Trust annual compliance documentation, this is where things went astray.

For the next 5 years we struggled with consistent problems and endless questions from Centrelink with relation to the financial statements prepared for the Special Disability Trust. It was not that our accountant was incompetent, they still provide all the other accounting needs for the family. It was because the financial reporting requirements for a Special Disability Trust are so different.

In the end the ever-increasing cost of the accounting fees for the trust and the constant questions from Centrelink drove us to look for an alternative solution. We found an article online discussing a specialised accounting firm that assist with the establishment and ongoing compliance for Special Disability Trusts, this is how we found T&E Accounting.

We engaged T&E Accounting to assist us with the preparation of the financial statements for the Special Disability Trust in February 2023. While it took the T&E Team some time to get the trust financials back on track, we now have a full understanding of the accounts and what is required to keep a Special Disability Trust compliant with Centrelink.

Hindsight: Knowing what we know now…

While we got started on the right foot with the specialised legal advice and the establishment of the trust, we dropped the ball on the ongoing compliance of the trust.

Not having the right support from the start added a lot of stress to the ongoing management of the trust that was avoidable.

Understanding what we know now about the requirements for a Special Disability Trust and the time required to get it right, the cost from our previous accountant was not that far off. We now understand what the core issues are for both the Beneficiary and the Trustees, should Centrelink determine that the trust is non-compliant.

Planning for the Future… 

The one thing we are grateful for is that we started early. Having the estate plan in place and the trust established, took a lot of the stress away from my mother-in-law’s estate administration.

Our advice to you…

•  Get a clear understanding of the requirements for a Special Disability Trust
• Invest the time to understand your role and responsibilities as a Trustee for a Special Disability Trust
• Make sure you and your co-trustee are confident and capable of being a Trustee
• Focus on what is in the best interest of your family member for the long term
• Have a clear reason for the trust and how the Trust will be of benefit for your family

And

Most of all get the support and advice you need from specialists in their field, lawyers, financial planners and accountants.

Our Story…

My son was diagnosed and lived with autism from the age of 3 with minor cognitive issues and more recently he was diagnosed with and obsessive-compulsive disorder (OCD). Unfortunately, he was misdiagnosed at age 17 with schizophrenia and the medication prescribed only compounded his issues, he is much calmer now that he is off that medication.

He lived with his sister and his mother, who was a very private person. While he was little, they would drop-in and see the extended family from time to time to play. However, there was very little shared about his condition and how he was getting on.

Over the years his mother maintained their privacy and at some point, became estranged from her daughter. Later on, his mother was diagnosed with cancer and as a part of her estate planning received sound advice about establishing a Special Disability Trust for her son as an option in her will. In the will, all of her assets were to be held on trust for him. Unfortunately, his mother lost her battle with cancer and passed away in 2023.

Once probate had been issued and the will had been certified, it was identified that her daughter had been excluded from the will. This led to the will being challenged in the supreme court under a Family Provision Application by her daughter.

Hindsight: Knowing what we know now…

As you can imagine this was a very costly, time consuming and stressful time for us as a family and for the executor of the estate.

The key issue was dealing with an estate administration when no one involved, not us as the family, the executor, the lawyers or even the supreme court had any real understanding of the requirements for a Special Disability Trust.

This led to a number of missed steps in the establishment of the Special Disability Trust.

• We failed to obtain a letter of eligibility for the beneficiary from Centrelink before the trust was set up;
• The lawyer presented a Special Disability Trust Deed to the court that was non-compliant; and
• The court order issued by the supreme court, enforced the administration of the estate without taking into consideration the requirements for the Special Disability Trust to be approved by Centrelink.

When we lodged the Special Disability Trust Deed for approval with Centrelink, it was rejected.

With all that was going on, we began to wonder how hard could it be to get this right and run a Special Disability Trust?

So, during an internet search to find the answer, my partner found T&E Accounting and with the initial consultation and then the ongoing work T&E has done to get this sorted out, we now have a compliant Special Disability Trust, we would have been lost without them.

It just goes to show that if the people involved know what they are doing, then it removes the day-to-day burden from the family and makes everyone’s life so much easier.

Planning for the Future… 

Estate planning is such a critical part of your family’s future, especially with a disabled child. Please seek out the right people to support you through this process. Being the executor of an estate and dealing with the loss of a loved one is hard enough, without having to clean up a mess.

Our advice to you…

It has been a long and painful road to get to where we are today. The Special Disability Trust is now up and operational and my son is now receiving the full benefits of both his inheritance held in the Special Disability Trust, including private health cover and getting out more to see magic shows. All of this while maintaining the ongoing support provided by Centrelink and his disability support pension.

This did not need to be this difficult….

As a family, we still recommend that you see if a Special Disability Trust will be of benefit for the future needs of your family.

Having the right trustees with the best interest of the beneficiary at heart is key to a Special Disability Trust providing peace of mind and a shared responsibility for the future needs of your loved one.

Get the right people on your side and get the right advice before you start…

Our Story…

We started to notice symptoms that something was not right with my husband. He was having problems with his memory, balance, spatial awareness and performing everyday tasks, when this was investigated, he was diagnosed with Cerebellar Ataxia in 2012. We continued to care for him at home over the next 9 years however, over time the concern for both of our safety became the major aspect, due to the level of high needs care he required.

We found a wonderful high needs residential care; it was like walking into a hotel and while the facilities and base care were covered by his pension, the costs of the additional specialised care and treatments, were being paid for out of pocket by the family and in reality, this was unsustainable.

These treatments have a profound impact on my husband’s quality of life and as a family, we wanted to ensure that my husband’s care continued. This led to searching online for information on how to provide for my husband in the future, without leaving a financial burden for the family.

This is when a google search (by sheer fluke) came up with the T&E Accounting website and the Special Disability Trust fact sheet.

I did not even know the words “Special Disability Trust” at the time. My first response was WOW this sounds really good and for our situation it was.

My husband was a beneficiary of his mother’s will and when the inheritance came in, I wanted to make sure for family clarity and that if anything ever happened to me, that it was all setup properly for the family and that there were no grey areas.

The trust allows for his care to continue in the way that we all wanted him to be looked after for the long-term. The additional benefit of the Trust is that the assets held in the Special Disability Trust do not count towards our personal assets. As a result, my husband’s Disability Support Pension is maintained and I am now eligible for the Age Pension as well.

It turns out that the Special Disability Trust is even better than we first expected. We met you guys (T&E) and you made it so simple with all the different processes and systems. The support has been fabulous, down-to-earth and using terminology that I can understand. The Special Disability Trust is wonderful, but also having the T&E team support is so valuable to us.

Hindsight: Knowing what we know now… 

There was a lot of research to get started and even our solicitor had never heard of a Special Disability Trust. We did have the benefit of my sister being our solicitor’s paralegal and as such she undertook the majority of the ground work to ensure that our solicitor was clear on it all.

The issue for the solicitor was dealing with something new, which resulted in a messy trust deed, we got through that part and the trust was approved by Centrelink.

We also had difficulties dealing with the executor of the estate getting them to understand what a Special Disability Trust was and how they work, so the executor had the peace of mind and was comfortable that the inheritance was going to be used for my husband’s future care and accommodation needs.

Setting up a Special Disability Trust is really driven by your situation and knowing what we know now and seeing the benefits that my husband receives from having the trust, in addition with the peace of mind and clarity it delivers for the whole family, we would not change a thing.

Planning for the Future…  

When you are planning for the future of a loved one with a disability, you need to think about what you can put into place now that will make everyone’s life easier.

What will deliver clarity, structure and peace of mind now, so that it is one less thing that your family needs to deal with at what is already a difficult time.

If you are in a similar situation to us, we would strongly recommend you look into if a Special Disability Trust could be of benefit to you and your family.

Our advice to you…

Read the T&E Accounting website and the Special Disability Trust fact sheet, do the research and make sure that a Special Disability Trust is right for your situation. Call the team at T&E Accounting and allow them to guide you in the right way. Deal with people who understand your needs and specialise in Special Disability Trusts.

Our Story…

Our sister has lived her entire life with a disability. At about 18 months she had a stroke, leaving her paralysed down one side with long term physical and cognitive issues.

In the mid 1950’s it was a very different time and it was uncertain if our sister would return home to us or if she would be in custodial care. Our parents decided to bring our sister home to live with us and cared for her in the family home, where she lived with them until she moved into independent living.

We first became aware of Special Disability Trusts while listening to ABC radio, where they were discussing how one of the radio announcers had established a SDT for her child. After hearing this it was decided to explore.

This broadcast was very timely as our parents were looking at their estate planning. We looked into the benefits of a Special Disability Trust, with the Trust being established for our sister in 2017.

Hindsight: Knowing what we know now…

There were some initial issues with the establishment of the Special Disability Trust.

Our initial application to Centrelink was rejected, we did not accept the response from Centrelink. We commissioned a medical specialist to provide a more comprehensive report for our sister. This report was approved, which was very encouraging, and our sister was eligible for a Special Disability Trust.

There were further issues with the establishment of the trust deed, with the associated processes and technicalities unfamiliar to the family. We engaged a legal company who specialised in Special Disability Trusts. They prepared a “Deed of Amendment” to fix the issues, which Centrelink accepted. The family have maintained an ongoing relationship with this legal company, seeking legal advice as required.

Ongoing specialised support is required for annual reporting to Centrelink and ATO, with Financial Statements and associated Tax Returns. This is where we had the good fortune to find T&E Accounting to assist with getting our sister’s trust reporting obligations back on track. We engaged Melanie, Shane and the extended T&E team in August 2018 and we are so grateful for their support, with their friendly and professional approach. They have supported us through the steep learning curve with the trust.

T&E Accounting is an industry leading company with a level of knowledge and expertise with Special Disability Trusts and Centrelink compliance. We believe that everything runs so smoothly now because Centrelink has confidence in the work prepared by T&E Accounting and that confidence carries over to us as clients.

We don’t think we would have been able to do it without them.

Our advice to you…

If you have a loved one with a disability and you are planning for their future, we strongly recommend you look into a Special Disability Trust.

The trust, through the Trustees provides an extra level of protection against bad actors and fraud in general.

The trust works in conjunction with NDIS to substantially improve the lifestyle of our sister.

As a family, even with all the issues we faced with the establishment of the trust, the Special Disability Trust provides peace of mind and the knowledge that our sister’s care and accommodation needs will be provided for now and into the future.