The Pocket Deed of Trust is specifically designed for use in Australian jurisdictions where a streamlined trust structure is desired while maintaining legal robustness. This document type is particularly suitable for smaller trust arrangements, family trusts, or simple business structures where a full-scale trust deed may be unnecessarily complex. It contains all essential elements required by Australian trust law, including trustee appointments, beneficiary designations, trust powers, and distribution mechanisms, but presented in a more concise format. The document is commonly used when establishing new trusts for asset protection, tax planning, or family wealth management purposes, and must comply with relevant Australian federal and state legislation governing trusts, including the Trustees Act and various taxation laws.
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1. Parties: Identifies the Settlor, Trustee(s), and any Appointor/Principal
2. Background: Sets out the context and intention to establish the trust
3. Definitions: Defines key terms used throughout the deed
4. Establishment of Trust: Declares the creation of the trust and settlement of initial property
5. Trust Name: Specifies the name under which the trust will operate
6. Trust Period: Defines the duration of the trust within perpetuity period limits
7. Beneficiaries: Identifies and defines the class of primary and general beneficiaries
8. Trustee Powers: Lists core powers of the trustee in managing trust assets
9. Income Distribution: Specifies how trust income is to be distributed
10. Capital Distribution: Details the distribution of trust capital
11. Trustee Provisions: Sets out trustee appointment, removal, and succession procedures
12. Execution: Formal execution clauses and signing requirements
1. Business Operation Provisions: Additional powers for operating a business - include when trust will conduct business activities
2. Investment Guidelines: Specific investment parameters - include for investment-focused trusts
3. Foreign Income Provisions: Handling of foreign income - include when international assets or beneficiaries are involved
4. Minor Beneficiary Provisions: Special provisions for handling minor beneficiaries - include when minors are potential beneficiaries
5. Streaming Provisions: Specific provisions for streaming different types of income - include for tax planning purposes
6. Exclusion of Beneficiaries: Mechanism to exclude certain beneficiaries - include when flexibility to exclude is required
7. Amendment Powers: Specific powers to amend trust terms - include when greater flexibility is needed
1. Schedule 1 - Initial Settlement Sum: Details of the initial settlement sum and any other initial trust property
2. Schedule 2 - Primary Beneficiaries: List of specifically named primary beneficiaries
3. Schedule 3 - Excluded Beneficiaries: List of persons specifically excluded from benefiting from the trust
4. Schedule 4 - Special Powers: Any special or specific powers granted to the trustee
5. Appendix A - Trustee Investment Powers: Detailed list of authorized investment powers
6. Appendix B - Trustee Administrative Powers: Detailed list of administrative powers
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