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Deed Of Advancement Terminating Trust

Deed Of Advancement Terminating Trust Template for Australia

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Key Requirements PROMPT example:

Deed Of Advancement Terminating Trust

"Need a Deed of Advancement Terminating Trust for our family property trust holding two residential properties in Sydney, with distribution to three adult beneficiaries planned for March 2025; must include CGT considerations and stamp duty provisions."

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Document background
The Deed of Advancement Terminating Trust is a crucial document in Australian trust law, used when parties wish to bring a trust arrangement to an end and distribute its assets to beneficiaries. This document is typically employed when the trust's purpose has been fulfilled, when all beneficiaries agree to termination, or when continuation of the trust is no longer practical or beneficial. It addresses key aspects including asset valuation, distribution methodology, tax implications, and trustee indemnities. The deed must comply with relevant state and federal legislation, including the Trustee Act, Income Tax Assessment Act, and state-specific property and duties legislation. It's particularly important in family trust situations, business restructuring, and estate planning contexts where proper documentation of trust termination is essential for legal and tax purposes.
Suggested Sections

1. Parties: Identifies all parties to the deed including the trustee(s), beneficiaries, and any other relevant parties

2. Background: Sets out the history of the trust, reason for termination, and current circumstances

3. Definitions and Interpretation: Defines key terms used in the deed and establishes interpretation principles

4. Trust Details: Specifies details of the trust being terminated, including date of establishment and key terms

5. Confirmation of Trust Assets: Lists and confirms all assets currently held in the trust

6. Agreement to Terminate: Records the agreement of all parties to terminate the trust

7. Distribution of Assets: Details how trust assets will be distributed to beneficiaries

8. Tax and Duty Matters: Addresses tax implications and stamp duty considerations

9. Release and Discharge: Provides for mutual releases between trustees and beneficiaries

10. Trustee Indemnity: Confirms ongoing indemnity protection for trustees

11. Costs: Specifies who bears the costs of preparing and executing the deed

12. Execution: Formal execution provisions and attestation clauses

Optional Sections

1. Foreign Party Provisions: Required when any party is located outside Australia or assets are held overseas

2. Dispute Resolution: Include when there are existing disputes or potential areas of conflict

3. Tax Deed: Required when specific tax arrangements or indemnities need to be documented

4. Continuing Obligations: Include when certain obligations will survive trust termination

5. Settlement of Claims: Required when the termination involves settling existing claims or disputes

6. Confidentiality: Include when parties wish to keep the terms of termination confidential

7. GST Provisions: Required when trust termination involves GST implications

Suggested Schedules

1. Schedule 1 - Trust Deed: Copy or details of the original trust deed and any variations

2. Schedule 2 - Trust Assets: Detailed inventory of all trust assets and their current values

3. Schedule 3 - Distribution Schedule: Detailed breakdown of how assets will be distributed to beneficiaries

4. Schedule 4 - Beneficiary Details: Full details of all beneficiaries and their entitlements

5. Schedule 5 - Required Transfers: List of all necessary transfer documents for trust assets

6. Schedule 6 - Tax Calculations: Details of tax implications and calculations

7. Appendix A - Consents: Copies of all required consents from beneficiaries or regulatory bodies

8. Appendix B - Asset Valuations: Independent valuations of trust assets where required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Private Wealth Management

Real Estate

Family Business

Professional Services

Investment Management

Agricultural

Mining and Resources

Retail

Healthcare

Relevant Teams

Legal

Finance

Tax

Compliance

Risk Management

Wealth Management

Property Administration

Corporate Services

Investment

Trust Administration

Relevant Roles

Trust Manager

Legal Counsel

Tax Manager

Private Wealth Advisor

Estate Planning Manager

Corporate Trustee

Financial Controller

Compliance Officer

Risk Manager

Family Office Manager

Trust Administrator

Property Manager

Investment Manager

Company Secretary

Chief Financial Officer

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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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