The Deed of Confirmation of Trust is a crucial document in Australian trust law, typically used when parties need to formally acknowledge and confirm existing trust arrangements. This document becomes necessary in various situations, such as when dealing with financial institutions, during property transactions, or when updating trust records. It's particularly valuable when the original trust deed requires clarification, when confirming the current trust assets, or when providing evidence of trust arrangements to third parties. The deed must comply with both federal and state-specific trust legislation in Australia, and requires careful consideration of trust law principles, property law, and tax implications. This document typically includes detailed information about the trust structure, trustee appointments, trust assets, and beneficiary arrangements, serving as a contemporary record of the trust's status.
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1. Parties: Identifies all parties to the deed including the trustee(s), settlor (if alive and participating), and any other relevant parties
2. Background: Recitals explaining the creation of the original trust, reason for confirmation, and current circumstances
3. Definitions: Defines key terms used throughout the deed
4. Confirmation of Trust: Primary operative clause confirming the existence and continuation of the trust
5. Trust Details: Confirms key details of the trust including establishment date, trust name, and governing law
6. Trustee Acknowledgments: Statements by trustee(s) confirming their role and obligations
7. Trust Property: Confirmation of the trust property and its holding in trust
8. Governing Law and Jurisdiction: Specifies the applicable law and jurisdiction for the deed
9. Execution: Formal execution blocks for all parties
1. Variation of Trust Terms: Include when the confirmation deed also makes permitted variations to the original trust terms
2. Additional Trustee Provisions: Required when there are multiple trustees or specific trustee arrangements to be confirmed
3. Beneficiary Acknowledgments: Include when beneficiaries are parties to the deed and making specific acknowledgments
4. Tax Declarations: Include when specific tax positions or implications need to be addressed
5. Costs: Include when there are specific arrangements about who bears the costs of the deed
6. GST: Required when the trust handles assets or activities subject to GST
1. Original Trust Deed: Copy or extract of the original trust deed being confirmed
2. Schedule of Trust Assets: Detailed list of all current trust assets being confirmed as held in trust
3. Trustee Details: Full details of current and any former trustees relevant to the confirmation
4. Beneficiary Details: List of current beneficiaries and their respective interests, if relevant
5. Previous Variations: Details of any previous variations to the trust deed that are being confirmed
6. Powers of Attorney: Copies of any relevant powers of attorney for parties executing the deed
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