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Replacement Trust Deed

Replacement Trust Deed Template for Australia

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Key Requirements PROMPT example:

Replacement Trust Deed

"I need a Replacement Trust Deed for our family investment trust that modernizes trustee investment powers, adds provisions for digital meetings and communications, and includes updated tax planning provisions in line with current Australian legislation, with the new deed to take effect from March 2025."

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Document background
A Replacement Trust Deed is utilized when an existing trust structure requires modernization or significant updates while maintaining its essential character and validity. This document becomes necessary when the original trust deed is outdated, contains insufficient powers, or requires substantial amendments to align with current Australian legislation and business practices. The Replacement Trust Deed comprehensively addresses trustee powers, beneficiary rights, administrative provisions, and compliance requirements, replacing the original deed entirely rather than through a deed of amendment. It's particularly relevant in Australia where trust structures are commonly used for business, investment, and family wealth management, and must comply with both federal and state-specific trust laws. The document typically includes updated provisions for modern investment powers, digital communication, tax efficiency, and risk management while preserving the trust's original intentions and beneficiary interests.
Suggested Sections

1. Parties: Identifies current trustee(s), any retiring trustees, and any incoming trustees

2. Background: Recitals explaining the original trust creation, reason for replacement, and confirmation of power to replace

3. Definitions: Comprehensive definitions including terms from original deed and new terms introduced

4. Confirmation of Trust: Confirms continuation of trust and states effective date of replacement deed

5. Trust Property: Identifies and describes the trust property subject to the deed

6. Beneficiaries: Defines classes of beneficiaries and their rights

7. Trustee Powers: Comprehensive list of trustee powers including investment, delegation, and administration

8. Trust Administration: Rules for trust management, meetings, and decision-making

9. Income and Capital: Rules for income and capital distribution, accumulation powers

10. Trustee Provisions: Appointment, removal, retirement of trustees and their indemnities

11. Amendment Powers: Scope and process for future amendments to the deed

12. Governing Law: Specifies Australian law as governing law and relevant jurisdiction

Optional Sections

1. Foreign Beneficiary Provisions: Required if trust may have foreign beneficiaries - includes specific provisions for foreign tax compliance

2. Business Operation Provisions: Required if trust operates a business - includes specific trading and operational powers

3. Minor Beneficiary Provisions: Required if trust has or may have minor beneficiaries - includes specific provisions for handling minors' interests

4. Superannuation Compliance: Required if trust deed is for a self-managed super fund - includes SIS Act compliance provisions

5. Corporate Trustee Provisions: Required if trustee is or may be a company - includes specific provisions for corporate trustees

6. Perpetuity Period: Optional modernized perpetuity provisions where relevant state legislation permits

7. Family Trust Election: Required if trust has made or intends to make family trust election - includes relevant tax provisions

Suggested Schedules

1. Schedule 1 - Original Trust Details: Details of original trust deed and any subsequent amendments

2. Schedule 2 - Trust Property: Detailed inventory of current trust assets and their status

3. Schedule 3 - Trustee Powers: Comprehensive list of specific trustee powers and limitations

4. Schedule 4 - Beneficiary Details: List of named beneficiaries if applicable

5. Appendix A - Execution Requirements: Specific requirements for valid execution of trustee powers

6. Appendix B - Meeting Procedures: Procedures for trustee meetings and decision-making processes

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






















































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Relevant Industries

Financial Services

Wealth Management

Professional Services

Legal Services

Real Estate

Family Business

Private Banking

Investment Management

Superannuation

Estate Planning

Agricultural

Mining

Retail

Healthcare

Relevant Teams

Legal

Finance

Compliance

Risk Management

Wealth Management

Trust Administration

Corporate Services

Tax

Investment

Property Management

Relevant Roles

Trust Manager

Legal Counsel

Corporate Trustee

Wealth Manager

Tax Advisor

Estate Planning Lawyer

Company Secretary

Chief Financial Officer

Risk Manager

Compliance Officer

Investment Manager

Property Manager

Financial Controller

Trust Administrator

Family Office 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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