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Trust Deed Sale Template for Australia

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Key Requirements PROMPT example:

Trust Deed Sale

"I need a Trust Deed Sale document for the transfer of a commercial property held in the Family Investment Trust to a corporate buyer, with settlement scheduled for March 2025 and including specific provisions for existing tenant arrangements."

Document background
A Trust Deed Sale is essential when trustees need to sell trust property in accordance with Australian trust and property law. This document is typically used when trust assets need to be liquidated, investment strategies change, or beneficiary interests require realization. The deed must comply with both federal and state-specific legislation, including the Trustees Act, Property Law Act, and relevant taxation laws. It includes detailed provisions about the trust property, sale terms, trustee warranties, and completion requirements. The document is crucial for protecting all parties' interests and ensuring the sale process adheres to trustee duties and powers under Australian law. It's particularly important in commercial and high-value transactions where trust assets are being transferred to new ownership.
Suggested Sections

1. Parties: Identifies and defines all parties including the Trustee(s) as seller, the Purchaser, and any other relevant parties

2. Background: Outlines the existence of the trust, trustee's authority to sell, and context of the sale

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the deed

4. Trust Property Details: Specific description and details of the trust property being sold

5. Sale and Purchase: Core terms of the sale including price, payment terms, and completion requirements

6. Trustee's Warranties: Warranties given by the trustee regarding authority, title, and capacity to sell

7. Completion Requirements: Details of what must occur at settlement, including documents to be delivered and actions to be taken

8. Purchase Price and Payment: Detailed breakdown of the purchase price, payment schedule, and payment methods

9. Title and Risk: Provisions regarding transfer of title and risk in the trust property

10. Default and Termination: Consequences of default and circumstances allowing termination

11. Notices: How formal notices under the deed must be given

12. General Provisions: Standard boilerplate provisions including governing law, severability, and entire agreement

Optional Sections

1. GST Provisions: Required when the sale is subject to GST, detailing GST treatment and obligations

2. Purchaser's Due Diligence: Include when the purchaser has conducted or will conduct due diligence investigations

3. Environmental Matters: Required when the trust property includes land with potential environmental issues

4. Lease Provisions: Include when the trust property is subject to existing leases

5. Development Conditions: Required when the property has ongoing development applications or conditions

6. Third Party Consents: Include when the sale requires consents from third parties or regulatory bodies

7. Intellectual Property: Required when the trust property includes intellectual property assets

8. Employee Matters: Include when the sale involves business assets with employee considerations

Suggested Schedules

1. Property Description Schedule: Detailed description of the trust property including title particulars, boundaries, and improvements

2. Purchase Price Breakdown: Itemized breakdown of the purchase price including any adjustments and apportionments

3. Completion Checklist: List of documents and actions required for completion

4. Encumbrances Schedule: Details of any encumbrances affecting the trust property

5. Due Diligence Results: Summary of due diligence findings and any required remedial actions

6. Warranties Schedule: Detailed list of warranties given by the trustee

7. Trust Deed Extract: Relevant excerpts from the trust deed showing trustee's power of sale

8. Required Consents: Copies or details of third-party or regulatory consents required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























































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Relevant Industries

Real Estate

Financial Services

Investment Management

Professional Services

Agriculture

Commercial Property

Retail

Industrial

Mining

Healthcare

Education

Hospitality

Relevant Teams

Legal

Compliance

Property Management

Trust Administration

Risk Management

Corporate Services

Investment Management

Asset Management

Financial Control

Company Secretariat

Business Development

Operations

Relevant Roles

Trust Manager

Property Manager

Legal Counsel

Corporate Lawyer

Trust Administrator

Estate Planning Lawyer

Property Lawyer

Commercial Lawyer

Compliance Officer

Risk Manager

Investment Manager

Asset Manager

Trustee Director

Property Development Manager

Financial Controller

Company Secretary

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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