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Deed of Vesting Discretionary Trust

About Product

This document produces a trust vesting resolution and minutes to vest any Trust with the Trustees or the Appointors consent and determination. At some time in the life of any trust it may come to an end. Under the Rule against Perpetuities the trust will last only 80 years; with the exception being South Australia where there is no time limit for the trust. Winding up the trust at the end of its life is known as vesting.

► $99.00 (inc GST) - OR provided under your unlimited membership

► The master document has been signed off by Abbott & Mourly and is congruent with Australian law.

General Information

This document is for the purpose of vesting the trust. It is important to review the current deed to determine the vesting criteria.

Benefits

  • The LightYear Docs Discretionary Trust Deed of Vesting is for discretionary trusts only.
  • Simple and easy to use.
  • Legal advice can be obtained from Abbott & Mourly if needed.
  • It is important to prepare accounts and determine the capital amounts and distributions to be paid to capital beneficiaries.

Frequently Asked Legal Questions

What lawyers sign off on the LightYear Docs DT?

All LightYear documents are prepared and signed off by Abbott & Mourly from Melbourne, Sydney and Brisbane.

Stamping and Lodgment of Trusts

The fees and stamping requirements for establishing a trust deed vary throughout Australia, and the duty payable also varies depending on the type of property that is held by the trust. Please contact our partners at Eventum Optimum (EO) on info@eventumoptimum.com.au for more information on when stamping is required (in what jurisdiction) and the fees/duties payable. EO are able to provide this service to you.  

Do I need to upgrade to a LightYear Docs Discretionary Trust first?

Some trust deeds do not have a voluntary vesting clause so you may need to either seek advice from Abbott & Mourly solicitors or vary the trust to a LightYear Docs discretionary trust first. If you would like legal advice, please contact our legal team: info@abbottmourly.com.au

What lawyers sign off on the LightYear Docs Discretionary Trust Vesting?

All LightYear documents are prepared and signed off by Abbott & Mourly from Melbourne, Sydney and Brisbane.

Is the LightYear Docs Discretionary Trust Vesting reviewed regularly?

All LightYear Docs documents form part of the LightYear Docs internal document review cycle. All documents are scheduled to be reviewed at least annually or when required to do so, due to changes in legislation. The LightYear Docs review cycle ensures all of our documents remain current and accurate.

How long does this document take to assemble?

Depending on the complexity of the data, this document should take approximately 5-10 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts .

Is this document a legal document?

All master documents have been signed off by Abbott & Mourly lawyers. Tony Anamourlis of Abbott & Mourly advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LightYear Docs platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LightYear Docs platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by Abbott & Mourly.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances.  The Court held that this process was legal work.

Is the document easy to read?

All LightYear Docs products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lightyeardocs.com.au.

Can I get a sample of this document?

Yes, please email support@lightyeardocs.com.au to request a sample document for you to review.