A Testamentary Trust Deed is utilized when an individual wishes to establish a trust structure that activates upon their death through their will. This sophisticated estate planning tool is particularly relevant in the Australian legal context, where it offers significant tax advantages and asset protection benefits. The deed must comply with various Australian state and federal laws, including the Trustee Act, Succession Act, and relevant tax legislation. The document comprehensively details trust operation, including trustee powers, beneficiary rights, asset distribution mechanisms, and administrative procedures. A Testamentary Trust Deed is especially valuable for individuals with substantial assets, complex family situations, or those seeking to provide long-term financial security for their beneficiaries while maintaining tax efficiency and asset protection.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc
1. Parties: Identifies the testator (trust creator), initial trustees, and principal appointor
2. Background: Sets out the context for establishing the trust and testator's intentions
3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules
4. Establishment of Trust: Declares the creation of the trust, its name, and commencement
5. Trust Purpose: States the primary purposes and objectives of the trust
6. Beneficiaries: Defines primary and general beneficiaries and their classes
7. Distribution of Income: Sets out rules for income distribution and trustee's discretionary powers
8. Distribution of Capital: Details capital distribution rules and vesting provisions
9. Trustee Powers: Comprehensive list of trustee's powers in managing trust assets
10. Trustee Duties and Restrictions: Outlines trustee obligations, duties, and limitations
11. Appointment and Removal of Trustees: Process for changing trustees and requirements
12. Trust Administration: General administrative provisions and procedures
13. Accounts and Audit: Requirements for financial record-keeping and reporting
14. Amendment Provisions: Powers and procedures for amending trust terms
15. Governing Law and Jurisdiction: Specifies applicable law and jurisdiction
1. Business Succession Provisions: Specific provisions for handling business assets and succession planning
2. Foreign Asset Provisions: Special provisions for dealing with overseas assets and international beneficiaries
3. Special Disability Provisions: Specific provisions for beneficiaries with special needs or disabilities
4. Bloodline Protection Clauses: Provisions to keep assets within biological family members
5. Early Termination Provisions: Circumstances and procedures for early trust termination
6. Minor Beneficiary Provisions: Special provisions for managing benefits for minor beneficiaries
7. Asset Protection Provisions: Enhanced provisions for protecting assets from creditors or family law claims
8. Suspension of Benefit Provisions: Provisions for suspending benefits in certain circumstances (e.g., bankruptcy)
1. Schedule 1 - Initial Trust Assets: Lists assets initially settled on the trust
2. Schedule 2 - Primary Beneficiaries: Names and details of specifically named primary beneficiaries
3. Schedule 3 - Trustee Powers: Detailed list of specific investment and management powers
4. Schedule 4 - Trustee Remuneration: Details of trustee compensation and expense reimbursement
5. Schedule 5 - Meeting Procedures: Procedures for trustee meetings and decision-making
6. Appendix A - Certification: Execution page and certificate of independent legal advice
7. Appendix B - Perpetuity Period Calculation: Details of trust duration and vesting date calculations
Relevant legal definitions
Accumulation Period
Appointor
Assets
Beneficiary
Capital
Child
Corporate Trustee
Date of Death
Descendant
Distribution Date
Eligible Beneficiary
Estate
Financial Year
General Beneficiary
Guardian
Income
Independent Trustee
Investment
Issue
Legal Personal Representative
Lineal Descendant
Minor
Net Income
Perpetuity Period
Primary Beneficiary
Principal
Property
Relative
Specified Beneficiary
Spouse
Substitute Trustee
Successor Appointor
Tax Act
Tax Law
Testator
Trust
Trust Fund
Trust Period
Trustee
Vesting Date
Will
Appointor
Assets
Beneficiary
Capital
Child
Corporate Trustee
Date of Death
Descendant
Distribution Date
Eligible Beneficiary
Estate
Financial Year
General Beneficiary
Guardian
Income
Independent Trustee
Investment
Issue
Legal Personal Representative
Lineal Descendant
Minor
Net Income
Perpetuity Period
Primary Beneficiary
Principal
Property
Relative
Specified Beneficiary
Spouse
Substitute Trustee
Successor Appointor
Tax Act
Tax Law
Testator
Trust
Trust Fund
Trust Period
Trustee
Vesting Date
Will
Clauses
Trust Establishment
Appointment
Distribution
Trustee Powers
Asset Management
Income Allocation
Capital Distribution
Beneficiary Rights
Trust Administration
Investment Powers
Asset Protection
Trustee Remuneration
Trustee Indemnity
Amendment Powers
Perpetuity
Vesting
Termination
Successor Appointment
Tax Treatment
Governing Law
Dispute Resolution
Interpretation
Records and Accounts
Compliance
Decision Making
Foreign Assets
Delegation
Retirement
Replacement
Bankruptcy Protection
Appointment
Distribution
Trustee Powers
Asset Management
Income Allocation
Capital Distribution
Beneficiary Rights
Trust Administration
Investment Powers
Asset Protection
Trustee Remuneration
Trustee Indemnity
Amendment Powers
Perpetuity
Vesting
Termination
Successor Appointment
Tax Treatment
Governing Law
Dispute Resolution
Interpretation
Records and Accounts
Compliance
Decision Making
Foreign Assets
Delegation
Retirement
Replacement
Bankruptcy Protection
Relevant Industries
Legal Services
Financial Services
Wealth Management
Estate Planning
Private Banking
Tax Advisory
Family Office Services
Insurance
Professional Services
Banking
Relevant Teams
Legal
Wealth Management
Estate Planning
Private Banking
Trust Administration
Tax Advisory
Financial Planning
Family Office
Succession Planning
Corporate Advisory
Relevant Roles
Estate Planning Lawyer
Trust Lawyer
Private Client Lawyer
Tax Advisor
Wealth Manager
Financial Planner
Estate Administrator
Private Banking Manager
Trust Administrator
Family Office Manager
Probate Specialist
Legal Counsel
Tax Consultant
Financial Advisor
Trust Officer
Find the exact document you need
Supplemental Trust Deed For Appointment Of Trustee
An Australian legal document that formalizes the appointment of a new trustee and retirement of an existing trustee, ensuring proper transition of trust responsibilities and assets.
find out more
Purchase Deed Of Trust
An Australian legal document establishing a trust structure for purchasing and holding property or assets, combining trust and property law elements under Australian jurisdiction.
find out more
Private Discretionary Trust Deed
An Australian legal document establishing a discretionary trust structure for flexible asset management and distribution, governed by federal and state trust laws.
find out more
Discretionary Family Trust Deed
An Australian legal instrument establishing a discretionary family trust, defining trustee powers and beneficiary rights for effective family asset management and distribution.
find out more
Deed Of Appointment Discretionary Trust
An Australian legal document facilitating the appointment of new trustees to a discretionary trust, including transfer of powers and responsibilities under Australian law.
find out more
Voluntary Trust Deed
An Australian law-governed deed establishing a voluntary trust arrangement, defining trustee powers, beneficiary rights, and trust management rules.
find out more
Trust Deed Fund
An Australian law-governed deed establishing and regulating a trust fund structure, defining relationships between trustees, beneficiaries, and operational framework.
find out more
Registered Trust Deed
An Australian legal document that establishes and governs a trust arrangement, setting out trustee powers, beneficiary rights, and administrative provisions, requiring official registration.
find out more
Pension Scheme Trust Deed
An Australian law-governed trust deed establishing and regulating a superannuation fund, setting out operational terms and compliance requirements.
find out more
Employee Ownership Trust Deed
An Australian law-governed trust deed establishing an Employee Ownership Trust to hold and manage company shares for employee beneficiaries.
find out more
Definitive Trust Deed
An Australian law-governed document that establishes a trust and defines its terms, structure, and operational framework.
find out more
Deed Of Interest
An Australian law-governed deed that creates or transfers legal or equitable interests in property or assets, meeting formal requirements under Australian property and contract law.
find out more
Deed Of Amendment And Restatement
An Australian law deed that amends an existing agreement and restates it in full, incorporating all changes into a single consolidated document.
find out more
Deed Amendment
An Australian legal instrument that formally modifies an existing deed while maintaining compliance with state-specific deed requirements and formalities.
find out more
Trust Deed Amendment
An Australian legal document that modifies an existing trust deed's terms and conditions, subject to Australian trust and tax law requirements.
find out more
Bare Trust Deed
An Australian legal document establishing a bare trust arrangement where a trustee holds property for a beneficiary with minimal active duties.
find out more
Protected Trust Deed
An Australian legal document establishing a protected trust arrangement for asset management and debt restructuring, compliant with Australian trust and insolvency laws.
find out more
Deed Of Appointment Trust
An Australian legal instrument that formally appoints new trustees to an existing trust and documents the transfer of trust responsibilities and assets.
find out more
Promissory Deed
An Australian law-governed deed that creates a legally binding promise between parties, typically used for financial or performance obligations with enhanced enforceability.
find out more
Trust Deed Variation
An Australian legal document that modifies an existing trust deed's terms while ensuring compliance with federal and state trust laws.
find out more
Declaration Of Bare Trust
An Australian legal document establishing a bare trust arrangement where a trustee holds assets solely for a beneficiary's benefit, subject to federal and state trust laws.
find out more
Quick Deed Of Trust
An Australian legal document establishing a simplified trust arrangement, setting out essential terms for trustees, beneficiaries, and trust property management.
find out more
Deed Of Vesting Of Trust
An Australian legal document that formally terminates a trust and governs the distribution of trust assets to beneficiaries, ensuring compliance with Australian trust and tax laws.
find out more
Deed Of Confirmation Of Trust
An Australian legal document that formally confirms and evidences existing trust arrangements, including terms, assets, and parties involved in the trust structure.
find out more
Simple Deed Of Trust
An Australian legal document establishing a trust arrangement, defining the relationship between trustees and beneficiaries, and setting out the terms for managing trust assets.
find out more
Public Trustee's Deed
An Australian legal instrument establishing the Public Trustee's authority and responsibilities in managing assets, estates, or financial affairs under state jurisdiction.
find out more
Trust Deed Variation To Exclude Foreign Beneficiaries
An Australian law trust deed variation document that modifies an existing trust to exclude foreign beneficiaries, ensuring compliance with foreign investment regulations.
find out more
Pocket Deed Of Trust
An Australian legal instrument establishing a condensed trust arrangement, defining trustee powers, beneficiary rights, and trust administration requirements.
find out more
Deed Of Advancement Terminating Trust
An Australian legal document that formally terminates a trust arrangement and governs the distribution of trust assets to beneficiaries.
find out more
Seller Financed Deed Of Trust
An Australian legal document establishing a seller-financed property purchase arrangement where the property is held in trust as security until full payment is made.
find out more
Personal Injury Trust Deed
An Australian legal document establishing a trust to manage and protect personal injury compensation funds, ensuring appropriate administration and beneficiary care.
find out more
Junior Deed Of Trust
An Australian legal document establishing a simplified trust structure for managing assets and distributions, suitable for smaller-scale trust arrangements.
find out more
Supplemental Deed
An Australian law-governed formal document that modifies or adds to an existing deed's terms while maintaining its formal deed status.
find out more
Community Trust Deed
An Australian legal document establishing a trust structure for community benefit purposes, defining trustee duties, governance, and distribution rules.
find out more
Business Trust Deed
An Australian legal document establishing a business trust structure, defining trustee powers, beneficiary rights, and operational framework under Australian law.
find out more
Revocable Deed
An Australian law-governed Revocable Deed providing formal deed benefits with built-in revocation flexibility.
find out more
Simple Declaration Of Trust
An Australian legal document establishing a trust arrangement, detailing how trustees hold and manage assets for beneficiaries under Australian law.
find out more
Supplemental Deed Of Trust
An Australian legal document used to amend or modify an existing trust deed, subject to Australian federal and state trust laws.
find out more
Subordinate Deed Of Trust
An Australian legal document establishing a secondary trust structure under a master trust, defining its governance, assets, and beneficiary arrangements.
find out more
Replacement Trust Deed
An Australian law-governed deed that replaces and updates an existing trust deed while maintaining the trust's fundamental structure and ensuring modern compliance.
find out more
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)
.png)