The Agreement and Declaration of Trust is a critical legal instrument used in Australia for establishing formal trust arrangements across various contexts, including family wealth management, business structuring, and asset protection. This document is essential when parties wish to create a trust structure that separates legal and beneficial ownership of assets, whether for family succession, tax planning, asset protection, or business purposes. It comprehensively addresses all aspects of trust establishment and management under Australian law, including trustee appointments, beneficiary rights, asset management, and distribution mechanisms. The document must comply with both federal and state-specific trust laws, including the Trustees Act and relevant tax legislation. It's particularly valuable for high-net-worth individuals, family businesses, and organizations requiring sophisticated asset management structures, providing a robust framework for long-term asset protection and wealth management.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identifies the Settlor, Trustee(s), and Named Beneficiaries
2. Background: Explains the context and purpose for establishing the trust
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: Formal declaration establishing the trust and specifying the trust property
5. Trust Name and Period: Specifies the name of the trust and its duration/vesting date
6. Beneficiaries: Detailed provisions regarding beneficiary classes, rights, and entitlements
7. Trustee Powers: Comprehensive list of powers granted to the trustees
8. Trustee Duties and Responsibilities: Outlines the obligations and responsibilities of trustees
9. Trust Administration: Details day-to-day management requirements and procedures
10. Distribution of Income and Capital: Rules governing how trust income and capital are to be distributed
11. Amendment Provisions: Procedures for modifying trust terms
12. Termination Provisions: Circumstances and procedures for trust termination
13. Governing Law: Specifies applicable Australian jurisdiction and laws
14. Execution: Formal execution clauses and signing requirements
1. Investment Powers: Detailed investment guidelines and restrictions - include for investment trusts
2. Business Operation Provisions: Include when trust will operate a business
3. Foreign Income Provisions: Include when trust may receive foreign-sourced income
4. Charitable Purposes: Include for charitable trusts or those with charitable components
5. Special Needs Provisions: Include when beneficiaries include persons with disabilities
6. Corporate Trustee Provisions: Include when using a corporate trustee structure
7. Perpetuity Period Extensions: Include when trust needs specific perpetuity period provisions
8. Alternative Dispute Resolution: Include for larger trusts or where family conflicts are possible
1. Schedule 1 - Initial Trust Property: Details of property/assets initially settled in the trust
2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details
3. Schedule 3 - Trustee Remuneration: Details of any trustee fees or compensation arrangements
4. Schedule 4 - Investment Guidelines: Specific investment policies and restrictions
5. Schedule 5 - Trust Distribution Rules: Detailed rules for income and capital distributions
6. Appendix A - Trustee Meeting Procedures: Procedures for trustee meetings and decision-making
7. Appendix B - Accounting Requirements: Specific accounting and reporting requirements
Find the exact document you need
Declaration Of Living Trust
An Australian legal document establishing a living trust that outlines asset management, beneficiary rights, and trustee duties under Australian trust law.
Download
Simple Deed Of Trust Form
An Australian legal document establishing a trust relationship, defining trustee duties, beneficiary rights, and trust property management requirements.
Download
Declaration Of Trust For Tenants In Common
An Australian legal document establishing co-ownership arrangements for property held as tenants in common, defining ownership shares and management rights.
Download
Declaration Of Revocable Trust
An Australian legal document establishing a modifiable trust that enables the settlor to maintain control over assets while providing structured asset management and distribution framework.
Download
Agreement And Declaration Of Trust
An Australian law-governed document that establishes a trust arrangement, defining the relationship between settlor, trustees, and beneficiaries, along with trust administration and asset management terms.
Download
Trust Declaration Form
An Australian legal document establishing a trust arrangement, defining trustees, beneficiaries, and trust administration rules under Australian law.
Download
ұԾ’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; ұԾ’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)