CoSec Partners prepares trust deeds, SMSF deeds, and related legal documents in partnership with an independent legal practice. This page explains how that arrangement works, what it means for you, and what it covers.
Our legal partner
Our trust and SMSF deed templates were drafted by Andrew (Andy) of Key Legal, a legal practice based in Perth, Western Australia. Andy reviews and signs off every trust deed and SMSF deed prepared by CoSec Partners before it is issued to you or your client.
Key Legal is an independent legal practice. It is not owned by, affiliated with, or controlled by CoSec Partners, ABN Australia, or any entity in the ABN Group. The relationship is a professional services arrangement: CoSec Partners instructs Key Legal, and Key Legal provides independent legal review and sign-off.
What “sign-off” means
Every trust deed and SMSF deed prepared by CoSec Partners is individually reviewed by Key Legal before it is released. The review confirms that the deed is legally compliant, internally consistent, and appropriate for the structure described in the order. Andy signs off the deed as the responsible legal practitioner.
This is not a rubber-stamp process. Each deed is prepared from the information provided by the ordering accountant, lawyer, or adviser, and reviewed against current legislation and case law. If any issues are identified during the review, Key Legal raises them with CoSec Partners before the deed is issued.
Professional indemnity coverage
As a legal practitioner, Andy holds professional indemnity insurance as required by his practising certificate obligations. This insurance covers professional services provided by Key Legal, including the review and sign-off of deeds prepared through CoSec Partners.
If a deed reviewed and signed off by Key Legal is subsequently found to be defective as a result of an error in the legal review process, the recourse is against Key Legal's professional indemnity insurance, not against the referring accountant or adviser.
Important qualifications
The legal review covers the legal form and compliance of the deed. It does not cover: whether the trust structure is appropriate for the client's specific tax, asset protection, or estate planning objectives (this is a matter for the client's own adviser); the accuracy of the information provided in the order (CoSec Partners and Key Legal rely on the information provided by the ordering party); or any matter outside the four corners of the deed itself, such as the validity of the trust's establishment, the capacity of the settlor, or the suitability of the trustee.
Professional indemnity insurance policies are subject to terms, conditions, and exclusions set by the insurer. CoSec Partners does not guarantee or warrant the terms of Key Legal's professional indemnity insurance. If you require specific confirmation of coverage for a particular matter, we recommend contacting Key Legal directly.
What this means for referring firms
If you are an accounting firm, legal firm, or financial adviser referring trust or SMSF work to CoSec Partners, the legal assurance arrangement means that the deed your client receives has been reviewed and signed off by a practising legal professional whose professional indemnity insurance covers the document. This is a meaningful difference from template deed providers who offer no professional sign-off or insurance backing.
However, this arrangement does not eliminate your own professional obligations. If you are advising your client on the suitability of a trust structure, that advice remains your responsibility. The legal assurance provided by Key Legal covers the deed itself, not the advice that led to its creation.
Scope of services covered
Key Legal's review and sign-off applies to the following CoSec Partners products: discretionary (family) trust deeds, unit trust deeds, hybrid trust deeds, SMSF trust deeds, SMSF bare trust deeds, trust deed variations (including Bamford amendments, foreign persons exclusions, and general variations), and SMSF deed variations and compliance deeds.
Company constitutions, ASIC compliance services, and company registration services are not within the scope of Key Legal's engagement. These services are provided directly by CoSec Partners.
Contact
If you have questions about our legal assurance arrangement, please contact us at team@cosecpartners.com.au or call 1300 226 226. If you require direct contact with Key Legal regarding a specific deed, we can facilitate an introduction.