Discretionary Trust - Deed of Confirmation
For use only if you cannot find a copy of your original Trust Deed. We strongly suggest that this document is used in conjunction with legal advice.
Invariably there will be times where documents get lost or destroyed. If this happens and you need to replace a lost deed, then quite possibly this is the template to use. Before you complete this template it is essential that you try and locate a copy of the document, because completing this Deed of confirmation, except for making an application to the Supreme court, is fraught with difficulty.
Ask your accountant, lawyer, bank, 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.
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 legal advice before you use this template.