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All Inclusive Trust Deed

All Inclusive Trust Deed Template for Australia

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Key Requirements PROMPT example:

All Inclusive Trust Deed

"I need an All Inclusive Trust Deed for a family investment trust to be established by March 2025, which will hold both property and share investments in Australia, with specific provisions for foreign beneficiaries and the ability to establish sub-trusts."

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Document background
The All Inclusive Trust Deed is a fundamental legal instrument used in Australia to establish and govern trust arrangements across various contexts, including family wealth management, business operations, and investment structures. This document is essential when setting up a new trust or updating an existing trust structure to ensure comprehensive coverage of modern trust requirements. It incorporates all necessary provisions required under Australian trust law, taxation legislation, and regulatory requirements, making it suitable for diverse purposes from family asset protection to business operations. The deed is designed to provide maximum flexibility while maintaining legal compliance, incorporating provisions for various scenarios including business operations, investment activities, and succession planning. It's particularly relevant in the Australian legal context where trusts are commonly used for asset protection, tax planning, and wealth management strategies.
Suggested Sections

1. Parties: Identifies the Settlor, Trustee(s), and any Appointor/Principal, including their full legal names and addresses

2. Background: Sets out the context for establishing the trust and the intention to create the trust

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the deed and interpretation rules

4. Establishment of Trust: Declaration of trust, settlement sum details, and trust name

5. Trust Period: Defines the duration of the trust, including vesting date and perpetuity period

6. Beneficiaries: Defines primary, general, and excluded beneficiaries and their rights

7. Trustee Powers: Comprehensive list of trustee powers including investment, borrowing, and asset management

8. Income and Capital: Rules for determining and distributing trust income and capital

9. Trustee Provisions: Appointment, removal, retirement, and remuneration of trustees

10. Appointor Provisions: Powers and succession of the Appointor/Principal role

11. Administration: General administrative provisions including meetings, records, and accounts

12. Amendment: Powers and procedures for amending the trust deed

13. Termination: Provisions for winding up the trust and distributing assets

14. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Foreign Persons Provisions: Include when the trust may involve foreign persons or entities, addressing FIRB requirements

2. Business Operation: Include when trust will be used for business operations, covering trading powers and business management

3. Superannuation Compliance: Include for self-managed superannuation fund trusts to ensure compliance with SIS Act

4. Property Investment: Include specific provisions for real estate investment and management when relevant

5. Sub-Trust Provisions: Include when the trust may establish sub-trusts

6. Family Law Protection: Include specific provisions to protect against family law claims

7. Charitable Purposes: Include for hybrid trusts that may have charitable purposes

8. International Operations: Include for trusts operating across multiple jurisdictions

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of settlement sum and any other initial trust property

2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details

3. Schedule 3 - Excluded Beneficiaries: List of persons specifically excluded from benefiting from the trust

4. Schedule 4 - Special Powers: Any special or specific powers granted to trustees or appointors

5. Schedule 5 - Investment Powers: Detailed investment powers and any restrictions

6. Appendix A - Trustee Execution Requirements: Requirements for valid execution of documents by trustees

7. Appendix B - Meeting Procedures: Procedures for trustee meetings and decision-making

8. Appendix C - Variation Powers: Specific powers and procedures for varying the trust deed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Accounting Period
Appointor
Assets
Associate
Australian Resident
Beneficiary
Business
Business Day
Capital
Child
Close Relative
Company
Corporate Trustee
Deed
Distribution
Effective Date
Eligible Beneficiary
Excluded Person
Financial Year
Foreign Person
General Beneficiary
General Law
Gross Income
Guardian
Income
Income Year
Initial Sum
Investment
Legal Personal Representative
Liabilities
Minor
Net Income
Perpetuity Period
Person
Primary Beneficiary
Principal
Relative
Related Entity
Resolution
Settlement Sum
Settlor
Specified Beneficiary
Spouse
Tax
Tax Act
Tax Law
Trust
Trust Fund
Trust Property
Trustee
Trust Period
Trustee Act
Variation
Vesting Date
Year
Clauses
Establishment
Definitions
Trust Period
Trust Property
Beneficiary Rights
Income Distribution
Capital Distribution
Trustee Powers
Investment Powers
Business Operation
Borrowing Powers
Asset Management
Trustee Appointment
Trustee Removal
Trustee Duties
Trustee Indemnity
Appointor Powers
Meetings and Resolutions
Record Keeping
Account Management
Distribution Determination
Foreign Persons
Amendment Powers
Variation Rights
Vesting Provisions
Termination
Governing Law
Compliance
Tax Provisions
Dispute Resolution
Severability
Execution
Relevant Industries

Financial Services

Professional Services

Real Estate

Family Business

Investment Management

Wealth Management

Private Banking

Legal Services

Tax Advisory

Property Development

Asset Management

Retail Business

Manufacturing

Agriculture

Relevant Teams

Legal

Wealth Management

Trust Administration

Tax Advisory

Compliance

Risk Management

Private Client Services

Corporate Services

Financial Planning

Estate Planning

Investment Management

Business Advisory

Relevant Roles

Trust Lawyer

Estate Planning Attorney

Tax Advisor

Wealth Manager

Financial Planner

Trust Administrator

Corporate Trustee

Private Client Advisor

Family Office Manager

Business Advisory Partner

Tax Partner

Property Manager

Investment Manager

Compliance Officer

Trust Account Manager

Legal Counsel

Chief Financial Officer

Risk Manager

Industries
Trustee Act 1925: Primary legislation governing trustee powers, duties, and obligations in Australia. Sets out the fundamental rules for trust administration and trustee responsibilities.
Income Tax Assessment Act 1936: Contains key provisions regarding the taxation of trust income, distributions, and trust arrangements. Essential for ensuring tax compliance and proper structure of trust distributions.
Income Tax Assessment Act 1997: Modern companion to the 1936 Act, containing additional provisions about trust taxation, capital gains, and various tax arrangements affecting trusts.
Tax Administration Act 1953: Governs the administration of tax laws, including reporting requirements and obligations for trusts and trustees.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Relevant for trust structures to ensure compliance with AML/CTF obligations, particularly regarding verification of beneficiaries and reporting requirements.
Property Law Act (State Specific): State-based legislation governing property holdings in trust and related property transactions. Important for trusts holding real property assets.
Succession Act (State Specific): Relevant for trust provisions relating to death of trustees or beneficiaries, and interaction with estate planning.
Superannuation Industry (Supervision) Act 1993: If the trust deed involves any interaction with superannuation, this Act governs compliance with superannuation regulations.
Family Law Act 1975: Important for understanding how trust assets may be treated in family law proceedings and protecting trust assets.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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