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.
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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
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
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
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