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Amended And Restated Trust Agreement Template for Australia

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Key Requirements PROMPT example:

Amended And Restated Trust Agreement

"I need an Amended and Restated Trust Agreement to update our family trust deed from 2010, specifically to include cryptocurrency investment powers and to add provisions for foreign beneficiaries, with the changes to take effect from March 2025."

Document background
The Amended and Restated Trust Agreement is utilized when substantial changes to an existing trust arrangement necessitate a comprehensive revision of the trust deed. This document is particularly relevant in Australia where trusts are commonly used for family wealth management, business structures, and investment vehicles. It becomes necessary when multiple amendments have made the original trust deed difficult to interpret, when there are significant changes to beneficiary structures, or when updates are required to comply with current legislation or tax requirements. The agreement consolidates all previous valid amendments while potentially introducing new provisions, creating a clear and current foundation document that supersedes the original trust deed and its amendments. This type of agreement is crucial for maintaining legal clarity and operational efficiency in trust administration while ensuring compliance with Australian trust law principles and regulatory requirements.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the settlor, trustee(s), and any protector or appointor

2. Background: Recitals explaining the original trust creation, reason for amendment and restatement, and confirmation of power to amend

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Amendment and Restatement: Declaration that this document amends and restates the original trust deed in its entirety

5. Trust Name and Duration: Specifies the formal name of the trust and its duration/vesting date

6. Appointment of Trustee: Confirms the appointment of the trustee(s) and their acceptance of the role

7. Trust Property: Describes the trust property and how additional property may be added

8. Trustee Powers: Comprehensive list of trustee powers and authority

9. Trustee Duties and Limitations: Specifies the trustee's duties, obligations, and any limitations on their powers

10. Beneficiaries: Identifies the beneficiaries and their respective interests

11. Distribution Provisions: Details how and when trust income and capital may be distributed

12. Administrative Provisions: Covers trust administration, record-keeping, and reporting requirements

13. Trustee Remuneration: Specifies fees and expenses payable to trustees

14. Trustee Indemnity: Provisions for trustee indemnification and limitation of liability

15. Amendment Provisions: Procedures for future amendments to the trust deed

16. Termination: Circumstances and procedures for trust termination

17. Governing Law: Specifies Australian law as governing law and relevant jurisdiction

Optional Sections

1. Foreign Investment Provisions: Required when trust may hold foreign investments or have foreign beneficiaries

2. Corporate Trustee Provisions: Additional provisions specific to corporate trustees

3. Investment Strategy: Detailed investment powers and restrictions beyond standard trustee powers

4. Multiple Classes of Benefits: Required when creating different classes of beneficiary interests

5. Perpetuity Period: Specific provisions regarding the trust's perpetuity period if different from statutory default

6. Tax Planning Provisions: Specific provisions designed to optimize tax treatment

7. Appointor Provisions: Required when incorporating an appointor role with power to remove/appoint trustees

8. Family Law Provisions: Specific provisions addressing family law implications

9. Business Operation Provisions: Required when trust operates a business

10. Charitable Purposes: Required for trusts with charitable elements

Suggested Schedules

1. Schedule 1 - Original Trust Deed: Copy of the original trust deed being amended

2. Schedule 2 - Trust Property: Detailed inventory of current trust property

3. Schedule 3 - Beneficiaries: Complete list of beneficiaries and their respective interests

4. Schedule 4 - Powers of Investment: Detailed list of authorized investments and investment restrictions

5. Schedule 5 - Trustee Remuneration: Detailed fee structure and expense reimbursement provisions

6. Schedule 6 - Amendment History: Record of all previous amendments to the original trust deed

7. Appendix A - Execution Requirements: Specific requirements for valid execution of trustee powers

8. Appendix B - Compliance Checklist: Checklist of regulatory compliance requirements

9. Appendix C - Required Notices: Templates for required notices to beneficiaries and authorities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Financial Services

Private Wealth Management

Family Business

Real Estate

Investment Management

Professional Services

Charitable Organizations

Education

Healthcare

Agriculture

Mining and Resources

Retail

Manufacturing

Relevant Teams

Legal

Compliance

Trust Administration

Wealth Management

Tax

Finance

Risk Management

Investment

Operations

Company Secretariat

Property Management

Client Services

Relevant Roles

Trust Administrator

Legal Counsel

Corporate Trustee

Trust Manager

Wealth Manager

Financial Advisor

Tax Accountant

Estate Planning Lawyer

Compliance Officer

Company Secretary

Investment Manager

Fund Manager

Property Manager

Risk Manager

Trust Operations Manager

Family Office Manager

Industries









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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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