Simple Deed Of Trust Form Template for Australia

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Key Requirements PROMPT example:

Simple Deed Of Trust Form

"I need a Simple Deed of Trust Form to establish a family trust by March 2025, with my spouse and three children as beneficiaries, primarily for managing our investment property portfolio and ensuring smooth intergenerational wealth transfer."

Document background
The Simple Deed of Trust Form is a fundamental legal document used across Australian jurisdictions to create and document trust arrangements. This document type is essential when establishing various trust structures, including family trusts, investment trusts, and business trusts. It becomes necessary when parties wish to create a legal arrangement where assets are held and managed by trustees for the benefit of specified beneficiaries. The deed must comply with both federal legislation, such as the Income Tax Assessment Act, and state-specific trust laws. It contains crucial information about trust property, management powers, distribution rules, and succession planning. The Simple Deed of Trust Form serves as the primary reference document throughout the trust's lifetime, governing all aspects of trust administration and providing clarity on rights and obligations of all involved parties.
Suggested Sections

1. Parties: Identifies the Settlor, Trustee(s), and any named Beneficiaries

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

3. Definitions: Defines key terms used throughout the deed

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

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

6. Trust Property: Describes the initial trust property and provisions for adding future property

7. Trustee Powers: Details the powers granted to trustees in managing trust property

8. Trustee Duties: Outlines the obligations and responsibilities of trustees

9. Beneficiary Rights: Specifies the rights and entitlements of beneficiaries

10. Trust Duration: States the term of the trust and vesting date

11. Distribution Rules: Sets out how trust income and capital are to be distributed

12. Trustee Appointment and Removal: Procedures for appointing new trustees and removing existing ones

13. Execution: Formal execution clause and signing requirements

Optional Sections

1. Investment Powers: Detailed investment guidelines and restrictions - include when trust involves significant investment activities

2. Foreign Beneficiaries: Special provisions for overseas beneficiaries - include when beneficiaries may be non-residents

3. Corporate Trustee Provisions: Specific provisions for corporate trustees - include when a company is acting as trustee

4. Trust Protector: Appointment and powers of a trust protector - include when additional oversight is desired

5. Variation Powers: Powers to modify trust terms - include when flexibility in trust administration is needed

6. Charitable Purposes: Provisions for charitable giving - include when trust has charitable objectives

7. Business Operation: Provisions for running a business - include when trust will operate a business

8. Minor Beneficiaries: Special provisions for underage beneficiaries - include when beneficiaries include minors

Suggested Schedules

1. Schedule A - Initial Trust Property: Detailed list and description of property initially settled in the trust

2. Schedule B - Beneficiaries: Full list of named beneficiaries and their details

3. Schedule C - Distribution Rules: Detailed rules and formulas for calculating distributions

4. Schedule D - Investment Guidelines: Specific investment policies and restrictions

5. Appendix 1 - Trustee Remuneration: Details of trustee fees and reimbursement policies

6. Appendix 2 - Meeting Procedures: Procedures for trustee meetings and decision-making

7. Appendix 3 - Accounting Requirements: Specific requirements for trust accounting and reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Family Business

Wealth Management

Professional Services

Investment

Private Banking

Estate Planning

Agriculture

Retail

Healthcare

Construction

Education

Relevant Teams

Legal

Finance

Wealth Management

Trust Administration

Compliance

Tax

Corporate Services

Estate Planning

Investment

Risk Management

Relevant Roles

Lawyer

Trust Administrator

Financial Advisor

Estate Planner

Wealth Manager

Tax Accountant

Trust Manager

Legal Counsel

Company Director

Corporate Trustee

Family Office Manager

Business Owner

Property Manager

Investment Manager

Compliance Officer

Industries
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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