The Importance of Protecting Your Trust Deed:

What to Do if Lost and How HTW Legal Can Help

Losing the original copy of your Trust Deed can be a nightmare scenario for trustees. Beyond the inconvenience, it can lead to significant legal and financial ramifications. As a trustee, it’s your responsibility to ensure the safe custody of this vital document. But what if it’s lost? What are your options?

Here’s a breakdown of what trustees can do in such situations:

  1. Execute a New Trust Deed: While this might seem like a straightforward solution, it’s not without its drawbacks. Creating a new Trust Deed can be deemed as resettling the trust, potentially triggering capital gains tax and stamp duty costs. Additionally, beneficiaries may not be satisfied with this outcome.
  2. Enter into a Deed of Ratification: This option is feasible if a copy of the Trust Deed exists. However, it’s not without its limitations. Banks may not accept such deeds, beneficiaries might challenge the terms, and there could be adverse tax implications.
  3. Applying to the Court: This is often the safest course of action. By involving the court, trustees and beneficiaries gain “court protection” against dissatisfied parties and potential claimants. The court can provide guidance and make decisions regarding the lost Trust Deed. However, navigating this process requires legal expertise to ensure all necessary information and justifications are provided.

In such complex legal matters, seeking assistance from professionals is paramount. HTW Legal, based on the Gold Coast, specialises in trust-related issues and can provide the necessary guidance and support. Our experienced solicitors can help trustees navigate the court application process efficiently, reducing the costs and complexities associated with such endeavours.

Don’t let the loss of your Trust Deed become a legal headache. Contact HTW Legal to ensure the protection and preservation of your trust’s integrity.

Protect your trust. Protect your future. Contact us now (07) 5655 4488.


Fill in the following form and one of our friendly team members will book you in for a free half hour consultation.



The posts in this blog are published as general information only. They are not intended to nor do they constitute legal advice. HTW Legal Group strives at all times to provide users with accurate information but we do not guarantee that the information contained in this blog reflects accurately current law or procedure.

You should not act or refrain from acting in any matter based upon the information contained in this blog without first seeking the advice of a lawyer who practices in the area of law related to your matter. Do not hesitate to contact HTW Legal Group to make an appointment with one of our team of experienced lawyers to obtain advice tailored to your personal situation.