ADIS Code - TDEC
A declaration of trust is a formal statement that assets, including Old System land and Torrens Title land, are held by one party on behalf of, i.e. in trust for, another. A declaration of trust does not usually set up the trust but merely declares that the property acquired by the trustee is held pursuant to a trust. A declaration of trust does not convey land.
See s23C Conveyancing Act 1919, s82(2) Real Property Act 1900.
It must be stated on the IPF that the declaration of trust does not affect Old System land and/or does not affect a Principal Deed.
A declaration of trust must be registered to be effective.
The assets held under the subject trust must be stated.
The original trust is not required.
Lodgment requirements
Stamp duty - Required. If not marked Registration insisted upon is prohibited.
Registration copy - Required. If unacceptable Registration insisted upon is prohibited.
Statement of Title Particulars form - Required if Old System land is affected.
NOS form - Required if Old System land is affected.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Trust - Declaration of
(C) Locality - The situation of the Old System land if affected.
Link Conveyance - For the Old System land if affected.
Principal Deed - The deed of trust or the first document affecting the trust if registered.
(D) Indexing
If Old System land is not affected: the trust and the party making the declaration.
If Old System land is affected: the trust, the party benefiting from the trust and the trustees.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of:
- the trust or the deceased where the trust was created by a will
- the party creating the trust or the settlor
- the first unit holders
- the appointer and
are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby declares...".
Locality: required if Old System land is affected. The situation of the Old System land.
Link Conveyance: required if Old System land is affected. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Principal Deed: if registered, the number of the affected trust or first document affecting the trust as stated in the declaration of trsut must be identical to the number stated on the IPF.
Execution: by the parties making the declaration. A power of attorney cannot be used for execution by a trustee. The benefiting party does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
CA Required if Old System land is affected.
Indexing
Locality: required if Old System land is affected. The situation of the land.
Link Conveyance: required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: if registered, the affected trust deed or the first registered document affecting the trust.
Noting: If Old System land is affected and:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the name of the trust or the deceased where the trust was created by a will, and the party making the declaration.
P:
If Old System land is not affected: nil.
If Old System land is affected:
- the name of the trust or the deceased where the trust was created by a will
- the party receiving the benefit of the trust and
- the trustees.