The Declaration of Trust Form is an essential legal instrument in Australian trust law, used to create and document trust arrangements for various purposes including asset protection, wealth management, and estate planning. This document is crucial when parties wish to formally establish a trust structure, whether for personal wealth management, family asset protection, or business purposes. It outlines the complete framework for how the trust will operate, including trustee appointments, beneficiary rights, and asset management protocols. The document must comply with relevant Australian federal and state/territory trust legislation, including the Trustee Act and various state-specific trust laws. A properly drafted Declaration of Trust Form provides legal certainty and clear guidelines for all parties involved in the trust arrangement, helping prevent future disputes and ensuring smooth trust administration.
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1. Parties: Identifies all relevant parties including the Settlor, Trustee(s), and named Beneficiaries
2. Background: Sets out the context and intention to create the trust
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: The formal declaration establishing the trust and specifying the trust property
5. Trust Terms: Specifies how the trust is to operate, including distribution of income and capital
6. Trustee Powers: Details the powers granted to trustees in managing the trust
7. Trustee Duties and Responsibilities: Outlines the obligations and responsibilities of the trustees
8. Trust Duration: Specifies the term of the trust and vesting date
9. Distribution Rules: Details how trust income and capital are to be distributed
10. Amendment and Variation: Provisions for changing the trust deed
11. Governing Law: Specifies that the trust is governed by Australian law and the relevant jurisdiction
12. Execution: Formal execution block for all required parties
1. Appointor Provisions: Required when there is an appointor who can remove and appoint trustees
2. Unit Holder Provisions: Required for unit trusts to specify unit holder rights and obligations
3. Foreign Investment Provisions: Required when the trust may involve foreign investors or beneficiaries
4. Business Operation Provisions: Required when the trust will be operating a business
5. Perpetuity Period: Optional clause specifically defining the perpetuity period if different from statutory default
6. Guardian Provisions: Required when there are minor beneficiaries
7. Investment Powers: Detailed investment powers and restrictions beyond standard trustee powers
8. Resettlement Provisions: Required when the trust deed needs to allow for potential resettlement
1. Schedule 1 - Trust Property: Detailed description of initial trust property/settlement sum
2. Schedule 2 - Beneficiaries: Complete list of named beneficiaries and beneficiary classes
3. Schedule 3 - Trustee Powers: Comprehensive list of specific powers granted to trustees
4. Schedule 4 - Meeting Procedures: Procedures for trustee meetings and decision-making processes
5. Appendix A - Variation History: Record of any variations made to the trust deed
6. Appendix B - Consent Forms: Standard forms for beneficiary consents and trustee appointments
Relevant legal definitions
Appointor
Assets
Beneficiaries
Capital
Deed
Distribution
Eligible Beneficiaries
Financial Year
Foreign Person
Guardian
Income
Initial Sum
Law
Net Income
Primary Beneficiaries
Principal
Related Entity
Secondary Beneficiaries
Settlement Sum
Settled Property
Settlor
Specified Beneficiaries
Trust
Trust Fund
Trust Property
Trust Period
Trustee
Trustee Powers
Unit
Unit Holder
Variation
Vesting Date
Working Day
Assets
Beneficiaries
Capital
Deed
Distribution
Eligible Beneficiaries
Financial Year
Foreign Person
Guardian
Income
Initial Sum
Law
Net Income
Primary Beneficiaries
Principal
Related Entity
Secondary Beneficiaries
Settlement Sum
Settled Property
Settlor
Specified Beneficiaries
Trust
Trust Fund
Trust Property
Trust Period
Trustee
Trustee Powers
Unit
Unit Holder
Variation
Vesting Date
Working Day
Clauses
Declaration and Settlement
Trust Duration
Trust Property
Trustee Appointment
Trustee Removal
Trustee Powers
Trustee Duties
Beneficiary Rights
Income Distribution
Capital Distribution
Investment Powers
Administrative Powers
Delegation
Indemnification
Trust Variation
Trust Termination
Perpetuity Period
Governing Law
Dispute Resolution
Asset Management
Foreign Beneficiaries
Tax Provisions
Accounting Requirements
Meeting Procedures
Execution Requirements
Amendment Powers
Successor Trustees
Beneficiary Exclusion
Trust Records
Compliance
Trust Duration
Trust Property
Trustee Appointment
Trustee Removal
Trustee Powers
Trustee Duties
Beneficiary Rights
Income Distribution
Capital Distribution
Investment Powers
Administrative Powers
Delegation
Indemnification
Trust Variation
Trust Termination
Perpetuity Period
Governing Law
Dispute Resolution
Asset Management
Foreign Beneficiaries
Tax Provisions
Accounting Requirements
Meeting Procedures
Execution Requirements
Amendment Powers
Successor Trustees
Beneficiary Exclusion
Trust Records
Compliance
Relevant Industries
Financial Services
Legal Services
Real Estate
Wealth Management
Family Business
Professional Services
Investment Management
Property Development
Private Banking
Estate Planning
Relevant Teams
Legal
Wealth Management
Trust Administration
Estate Planning
Tax Advisory
Compliance
Property Management
Investment Advisory
Private Client Services
Corporate Services
Relevant Roles
Trust Lawyer
Estate Planning Attorney
Wealth Manager
Financial Advisor
Tax Accountant
Trust Administrator
Legal Counsel
Property Manager
Investment Advisor
Compliance Officer
Trust Operations Manager
Family Office Manager
Private Client Advisor
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