The Affidavit of Death of Trustee is a critical legal document used in Australian trust administration when a trustee passes away. This sworn statement is required by various institutions and authorities to formally document the death of a trustee and facilitate the smooth transition of trust administration. The document becomes necessary when a trustee dies and there is a need to establish this fact for legal and administrative purposes, such as updating property titles, accessing trust accounts, or appointing successor trustees. It must comply with both federal and state-specific legislation, including the Trustee Act and relevant Evidence Acts. The affidavit typically contains detailed information about the deceased trustee, the circumstances of their death, the trust arrangement, and any succession plans. It serves as a formal evidentiary document that can be relied upon by banks, government agencies, and other institutions in updating their records and processing the necessary changes in trust administration.
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1. Deponent Details: Identifies the person making the affidavit, including their full name, address, and occupation
2. Basis of Knowledge: Explains the deponent's relationship to the deceased trustee and their basis for having personal knowledge of the matters sworn to
3. Trust Information: Details of the trust, including its name, date of establishment, and type of trust
4. Deceased Trustee Information: Full details of the deceased trustee, including their full name, last known address, and role in the trust
5. Death Verification: Statement confirming the trustee's death, including date and place of death
6. Remaining Trustees: Information about any surviving co-trustees (if applicable)
7. Jurat: The formal closing section stating when and where the affidavit was sworn or affirmed
8. Attestation: Space for signatures of the deponent and the authorized witness, with witness qualifications
1. Successor Trustee Information: Details of the nominated successor trustee, if one is named in the trust deed - include when there is a specific succession plan
2. Trust Assets Statement: General description of trust assets currently under management - include when required by the jurisdiction or receiving institution
3. Co-Trustee Consent: Statement of consent from surviving co-trustees regarding succession plans - include when there are surviving co-trustees
4. Prior Trustee History: Information about any previous changes in trustees - include when there have been prior trustee changes
5. Special Provisions: Any special circumstances or provisions relating to the trustee's death or succession - include when there are unusual circumstances
1. Death Certificate: Certified copy of the deceased trustee's death certificate
2. Trust Deed Extract: Relevant excerpts from the trust deed showing trustee appointment and succession provisions
3. Identification Documents: Copies of identification documents for the deponent
4. Supporting Documents: Any additional documentation supporting the statements made in the affidavit
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