Is an unwitnessed Trust Deed still valid?


Is an unwitnessed Trust Deed still valid?


This will depend on the trustee signing.

Individual trustees

Although the case law is somewhat unclear, the conservative position is that an unwitnessed Trust Deed is invalid because it has not been duly executed. The case law suggests that a deed needs to be witnessed and signed contemporaneously for it to be valid.

There are several potential options to address this type of situation depending on the exact factual matrix and level of protection the client is wanting to achieve. As always, our Legal Partners can provide an upfront scope of work and guaranteed fixed price to assist, upon request.

Corporate Trustee

If the Trustee is a Company the deed can be executed in line with the Corporations Act, in which case a witness is not required.


Disclaimer: You acknowledge and agree that our Services and Materials do not constitute or contain personal or general advice for the purpose of the Corporations Act 2001 (Cth) and that we, our employees and advisers do not offer any legal, accounting, tax or other professional advice or services in connection with the provision of our Services and any Materials.


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