Trustee Declaration Form for Australia

Trustee Declaration Form Template for Australia

A formal legal document used in Australian jurisdictions where an appointed trustee formally acknowledges and accepts their role, responsibilities, and obligations in relation to a trust. The document serves as a written declaration of the trustee's understanding of their duties under Australian trust law, including relevant state/territory legislation and federal requirements. It includes declarations regarding eligibility, capacity to act, understanding of trustee duties, and compliance with trust deed provisions and applicable laws.

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What is a Trustee Declaration Form?

The Trustee Declaration Form is a crucial document in Australian trust administration that must be completed upon the appointment of new trustees, whether individual or corporate. This document serves multiple purposes: it provides evidence of the trustee's formal acceptance of their role, confirms their eligibility to act as trustee under Australian law, and demonstrates their understanding of their legal obligations and duties. The form is particularly important for regulatory compliance and risk management, as it creates a clear record of the trustee's acknowledgment of their responsibilities. It's commonly used in various trust structures including family trusts, unit trusts, and self-managed superannuation funds, and may need to be presented to financial institutions, regulatory bodies, or courts as evidence of proper trustee appointment and acceptance.

What sections should be included in a Trustee Declaration Form?

1. Trustee Information: Full legal name, address, and contact details of the trustee

2. Trust Details: Name of the trust, type of trust, and date of establishment

3. Appointment Acknowledgment: Formal acknowledgment of appointment as trustee and acceptance of the role

4. Declaration of Eligibility: Trustee's declaration that they meet all legal requirements to act as trustee

5. Statutory Obligations: Acknowledgment of understanding statutory duties and responsibilities under relevant legislation

6. Trustee Duties: Detailed list of core trustee duties and responsibilities

7. Compliance Declaration: Declaration to comply with trust deed and applicable laws

8. Execution Block: Space for trustee signature, witness details, and date of execution

What sections are optional to include in a Trustee Declaration Form?

1. SMSF Specific Declarations: Additional declarations required for Self-Managed Super Fund trustees

2. Corporate Trustee Details: Required when the trustee is a company rather than an individual

3. Co-Trustee Acknowledgment: Required when multiple trustees are being appointed

4. Property Holdings Declaration: Required when trust holds real estate assets

5. Investment Strategy Acknowledgment: Required for trusts with significant investment components

6. Successor Trustee Provisions: Optional section for nominating successor trustees

What schedules should be included in a Trustee Declaration Form?

1. Schedule A - Trust Deed Details: Summary of key trust deed provisions and amendments

2. Schedule B - Asset Schedule: List of trust assets being placed under trustee responsibility

3. Schedule C - Beneficiary Details: List of current beneficiaries and their details

4. Schedule D - Specific Powers: Detailed list of specific powers granted to the trustee

5. Appendix 1 - Consent Forms: Required consent forms from relevant parties

6. Appendix 2 - ID Requirements: Documentation requirements for trustee identification

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Cost

Free to use
Clauses
Relevant Industries

Financial Services

Legal Services

Wealth Management

Estate Planning

Superannuation

Property Management

Family Business

Private Banking

Professional Services

Not-for-Profit

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Risk Management

Corporate Services

Financial Advisory

Estate Planning

Company Secretariat

Board Services

Relevant Roles

Trust Administrator

Trustee

Financial Advisor

Estate Planning Lawyer

Wealth Manager

Company Director

Trust Manager

Compliance Officer

Legal Counsel

Risk Manager

Company Secretary

Fund Manager

Property Manager

Accountant

Tax Advisor

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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