The ability to comply with a trust deed and to confidently determine the terms of a trust is a fundamental and integral part of a trustee’s duties; yet, many trustees lose their trust deeds. The implications of a lost trust deed can be disastrous. Without a trust deed, every trustee action or decision can be called into question.
A prudent trustee should seek advice on how to manage a trust where there is any doubt regarding the terms of a trust. Where one or more documents are missing in the trust’s document history, expert legal advice should be obtained.
DBA Lawyers can advise on options and assist with documents
We can provide advice on the various options and assist with any written advice or documents that you may require. Note that there substantial tax, capital gains tax (CGT), goods and services tax (GST), duty and other tax issues that can arise in varying a trust.
Thus, care is needed in any document that seeks to records or confirm the terms of a trust so that it does not give rise to unintended tax issues that relate to ‘resettling’ the trust (which is similar to transferring the assets from the old trust to a new trust for tax and duty purposes).
Our lawyers are best placed to tailor a solution that best suits your instructions and risk appetite to achieve your preferred outcome.
|Document trail review and oral feedback in a conference||From $2,500|
- What to do if a company’s constitution is lost?
- Options to minimise risk if you lose a trust deed
- A 1976 deed can’t be found … trust fails as a result!
- Sutton v NRS(J) Pty Ltd  NSWSC 826: Lessons for managing lost trust deeds
- Recent judgement has important implications for SMSFs with incomplete deed histories
- Dealing with a lost SMSF trust deed
- DBA Lawyers’ lost SMSF deed service
- SMSF Lost Deed Service
- Lost Constitution Service