LAW / Contract Writing / Drafting Techniques - Macdonald - Australian Encyclopedia of Forms and Precedents
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[110] Drafting Example No 2: Discretionary trust deed
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This drafting example shows you some tips and traps for drafting a Discretionary Trust Deed in plain English. It is an example of clear document construction using a table of contents and subheadings to divide the agreement into parts and to group similar covenants like: definitions, powers and duties, amendment and variation and indemnities. An example of an execution clause for a deed is also given.
Deeds of trust are usually of two types -- unit trusts and discretionary trusts. In both types of express trust, the trustee administers the trusts, but in a discretionary trust the trustees have considerable discretionary power in how they go about it. In unit trusts this power is more constrained.
This document has been written for illustrative purposes only. It is not intended for use as a precedent. See the AEFP Trusts title for further clauses.
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