Invariably there will be times where documents get lost or destroyed. If this happens and you need to replace a lost deed, then we can arrange a deed of confirmation through our lawyers. It is, however, essential that you try and locate a copy of the document first because of the potential difficulties involved. Read on...
What do I do for lost or destroyed family trust deeds?
A discretionary trust deed of confirmation is used only if you cannot find a copy of your original Trust Deed.
Invariably there will be times where documents get lost or destroyed. If this happens and you need to replace a lost deed, then we can arrange a deed of confirmation through our lawyers. It is, however, essential that you try and locate a copy of the document first because of the potential difficulties involved.
Ask your accountant, lawyer, bank, or insurance broker if they have a copy. If the trustee operated a bank account then the bank should have a copy. If the trust had a loan facility, the financier should have a copy. If the trust has assets then there is a possibility that a resettlement may occur. If it does then stamp duty and CGT liabilities may arise.
We can provide a carefully drafted deed of confirmation however it is worth noting the only way to guarantee that the 'replacement document' is valid is to apply to the Supreme Court for the relevant order. If you are considering doing this, then you need to seek separate legal advice.
Phone 1300 226 226 to discuss how we can help.
Please note this article is for information purposes only and does not constitute legal advice. Should you have any queries or require more information, please contact the team at ABNAustralia.com.au.