A Private Trust Agreement is essential for creating a formal trust structure in Australia, commonly used for asset protection, estate planning, and tax-efficient wealth management. This document is typically employed when individuals or entities wish to separate legal ownership from beneficial ownership of assets, whether for family wealth transfer, business succession, or investment purposes. The agreement must comply with Australian trust law principles, including the Trustees Act and relevant state legislation. It contains crucial details about trust property, trustee powers, beneficiary rights, and distribution mechanisms. The document is particularly valuable for high-net-worth individuals, family businesses, and those seeking to establish long-term asset protection or succession planning structures.
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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 trust 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 statutory limits
7. Beneficiaries: Identifies and defines the class of primary and general beneficiaries
8. Trustee Powers: Comprehensive list of powers granted to trustees for trust administration
9. Investment Powers: Specific powers related to investment of trust assets
10. Income and Capital Distribution: Rules governing distribution of trust income and capital
11. Trustee Provisions: Procedures for appointment, retirement, and removal of trustees
12. Trustee Indemnity: Provisions protecting trustees from personal liability
13. Amendment: Provisions for varying trust terms
14. Governing Law: Specifies the jurisdiction governing the trust
15. Execution: Formal execution clauses and signing requirements
1. Appointor Provisions: Required when an appointor role is established to oversee trustee appointments
2. Foreign Beneficiary Provisions: Required when beneficiaries may include foreign residents
3. Business Operation Provisions: Required when trust may operate a business
4. Sub-Trust Provisions: Required when the trust may establish subsidiary trusts
5. Guardian Provisions: Required when minor beneficiaries are involved
6. Excluded Beneficiaries: Required when specific persons are to be excluded from benefiting
7. Corporate Trustee Provisions: Required when corporate trustees are permitted
8. Streaming Provisions: Required for specific tax treatment of different types of income
1. Schedule 1 - Initial Trust Property: Details of property or money initially settled to establish the trust
2. Schedule 2 - Special Powers: Detailed list of specific powers granted to trustees
3. Schedule 3 - Named Beneficiaries: List of specifically named primary beneficiaries
4. Schedule 4 - Excluded Persons: List of persons explicitly excluded from benefiting from the trust
5. Appendix A - Trustee Remuneration: Details of trustee compensation and expense reimbursement
6. Appendix B - Meeting Procedures: Procedures for trustee meetings and decision-making
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