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Simple Deed Of Trust

Simple Deed Of Trust Template for Australia

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Key Requirements PROMPT example:

Simple Deed Of Trust

"I need a Simple Deed of Trust to establish a family trust for my investment property portfolio, with my three adult children as beneficiaries and my spouse as co-trustee, including provisions for annual income distribution and capital gains management."

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Document background
A Simple Deed of Trust is a crucial legal instrument in Australian trust law that establishes the framework for holding and managing assets in trust. It's commonly used in situations ranging from family wealth management to business structuring, and must comply with both Commonwealth and state/territory legislation. The document is essential when setting up a trust structure and typically includes detailed provisions about trust property, trustee powers, beneficiary rights, and distribution rules. It's particularly relevant in scenarios involving asset protection, tax planning, or estate management. The deed serves as the trust's founding document and must be carefully drafted to ensure it meets all legal requirements while achieving the settlor's intended objectives.
Suggested Sections

1. Parties: Identifies the Settlor, Trustee(s), and any Appointor/Principal

2. Background: Sets out the context and intention to establish the trust

3. Definitions: Defines key terms used throughout the deed

4. Declaration of Trust: Formal declaration establishing the trust and specifying the trust property

5. Trust Name: Specifies the name by which the trust will be known

6. Trust Period: Defines the duration of the trust, typically up to the perpetuity period

7. Beneficiaries: Identifies and defines the class of beneficiaries

8. Trustee Powers: Lists the powers granted to trustees in managing trust assets

9. Trustee Duties and Obligations: Outlines the responsibilities and obligations of trustees

10. Distribution of Income: Specifies how trust income will be distributed to beneficiaries

11. Distribution of Capital: Outlines provisions for distributing trust capital

12. Trustee Indemnity: Provides protection for trustees acting in good faith

13. Execution: Formal execution clause and signing requirements

Optional Sections

1. Appointor Provisions: Include when there is an appointor who can remove/appoint trustees

2. Business Operation Provisions: Include when trust will operate a business

3. Foreign Income Provisions: Include when trust may receive foreign income

4. Sub-Trust Provisions: Include when there may be need to create sub-trusts

5. Variation Power: Include when flexibility to modify trust terms is desired

6. Exclusion of Beneficiaries: Include when power to exclude beneficiaries is needed

7. Investment Manager Provisions: Include when professional investment management is anticipated

8. Guardian Provisions: Include when trust involves minor beneficiaries

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of property/assets initially settled in the trust

2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries if any

3. Schedule 3 - Trustee Powers: Detailed list of specific powers granted to trustees

4. Schedule 4 - Excluded Persons: List of persons explicitly excluded from benefiting from the trust

5. Appendix A - Trustee Remuneration: Details of any trustee remuneration arrangements

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

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 Industries

Financial Services

Legal Services

Real Estate

Wealth Management

Family Business

Private Banking

Professional Services

Property Investment

Estate Planning

Investment Management

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Financial Planning

Tax Advisory

Risk Management

Estate Planning

Investment Operations

Client Services

Relevant Roles

Trust Manager

Legal Counsel

Estate Planning Lawyer

Wealth Manager

Financial Advisor

Tax Accountant

Property Manager

Trust Administrator

Compliance Officer

Investment Manager

Private Client Advisor

Family Office Manager

Corporate Trustee

Risk Manager

Trust Operations Manager

Industries
Trustees Act: State-based legislation (varies by state) that governs the appointment, removal, and powers of trustees, as well as their duties and responsibilities in managing trust property
Income Tax Assessment Act 1936: Federal legislation that establishes how trust income is taxed and distributed to beneficiaries
Income Tax Assessment Act 1997: Additional federal legislation containing modern tax provisions affecting trusts, including capital gains tax treatment
Stamp Duties Act: State-based legislation governing stamp duty obligations on trust deeds and property transfers into trusts
Property Law Act: State-based legislation governing how property (real and personal) can be held and transferred in trust
Trust Law Amendment Acts: Various state-based amendments that update trust law provisions and requirements
Succession Act: State-based legislation relevant for trust provisions that may interact with inheritance and estate planning
Australian Consumer Law: Federal legislation that may be relevant if the trust engages in business activities or deals with consumers
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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