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Property Trust Deed

Property Trust Deed Template for Australia

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Key Requirements PROMPT example:

Property Trust Deed

"I need a Property Trust Deed for a family investment property in Sydney, with my spouse and children as beneficiaries, including specific provisions for income streaming and the ability to add future properties to the trust structure, with a corporate trustee arrangement."

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Document background
The Property Trust Deed is a sophisticated legal instrument used in Australian jurisdictions to create a trust structure specifically designed for holding and managing real estate assets. This document is essential when individuals or entities wish to hold property in a trust structure for various purposes, including asset protection, tax efficiency, estate planning, or investment management. The deed must be carefully drafted to comply with both federal and state-specific legislation, including the Trustees Act, Property Law Act, and relevant tax laws. A Property Trust Deed typically includes comprehensive provisions covering trust establishment, trustee powers, beneficiary rights, distribution rules, and administrative procedures. It's particularly valuable for family wealth management, property investment portfolios, and business structures where property holdings need to be separated from operational assets.
Suggested Sections

1. Parties: Identifies the settlor, trustee(s), and any appointor/principal

2. Background: Sets out the context and intention to create the trust

3. Definitions: Defines key terms used throughout the deed

4. Declaration of Trust: Formal establishment of the trust and acknowledgment of receipt of initial settled sum

5. Trust Name: Specifies the name under which the trust will operate

6. Trust Property: Defines what constitutes trust property and how additional property may be added

7. Beneficiaries: Identifies and defines the class of beneficiaries who may benefit from the trust

8. Trustee Powers: Comprehensive list of powers granted to the trustee in managing the trust

9. Investment Powers: Specific powers related to investment of trust assets

10. Distribution Provisions: Rules governing how income and capital may be distributed

11. Trust Period: Defines the duration of the trust and vesting date

12. Trustee Provisions: Procedures for appointment, retirement, and removal of trustees

13. Trustee Indemnity: Provisions protecting trustees from liability except in cases of willful default

14. Amendment Provisions: Powers and procedures for amending the trust deed

15. Governing Law: Specifies the governing law and jurisdiction

16. Execution: Formal execution clauses and signing requirements

Optional Sections

1. Foreign Beneficiary Restrictions: Include when there's a need to restrict foreign beneficiaries for tax or regulatory purposes

2. Sub-Trust Provisions: Include when the trust may need to create sub-trusts

3. Business Operation Provisions: Include when the trust will be used to operate a business

4. Appointor Provisions: Include when an appointor role is required for additional control

5. Guardian Provisions: Include when a guardian role is needed for additional oversight

6. Family Law Provisions: Include when protection against family law claims is specifically required

7. Streaming Provisions: Include when different types of income need to be streamed to different beneficiaries

8. Corporate Trustee Provisions: Include when a corporate trustee structure is being used

9. Minor Beneficiary Provisions: Include when there are beneficiaries under the age of 18

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of the settled sum and any initial property settled on the trust

2. Schedule 2 - Trustee Powers: Detailed list of specific powers granted to the trustee

3. Schedule 3 - Named Beneficiaries: List of specifically named beneficiaries (if any)

4. Schedule 4 - Excluded Beneficiaries: List of persons specifically excluded from benefiting from the trust

5. Schedule 5 - Investment Powers: Detailed investment powers and any restrictions

6. Appendix A - Execution Requirements: Formal requirements for executing the deed and any necessary witness statements

7. Appendix B - Consent Forms: Forms for trustee consent, appointor consent, or other required consents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
























































Clauses






























Relevant Industries

Real Estate

Property Development

Investment Management

Wealth Management

Financial Services

Family Business

Professional Services

Construction

Property Management

Legal Services

Tax Advisory

Estate Planning

Relevant Teams

Legal

Property Management

Wealth Management

Finance

Compliance

Real Estate

Tax Advisory

Trust Administration

Investment Management

Risk Management

Relevant Roles

Property Lawyer

Trust Manager

Estate Planning Attorney

Property Manager

Financial Advisor

Tax Consultant

Trust Administrator

Real Estate Investment Manager

Wealth Manager

Legal Counsel

Compliance Officer

Property Investment Advisor

Trust Accountant

Corporate Trustee Director

Property Development Manager

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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