The jurisdiction is the state/territory which determines the governing law of the Trust Deed. When determining the state/territory, the following factors need to be taken into consideration:
- The place of administration of the trust;
- The place where the assets of the trust are situated;
- The place of business or residence of the Trustees; and
- The object or purposes of the Trust and the places where they are to be fulfilled.
All the above factors have equal weighting when determining the closest and most substantial connection with the trust.
It is important to note, that the jurisdiction of the trust does not necessarily dictate what state will be applicable for stamp duty reasons. For stamp duty reasons, it will depend mainly on the location of the trust assets, beneficiaries, and trustees of the trust.
| Disclaimer: You acknowledge and agree that the Templates, Services and Materials are provided for information purposes only and do not constitute financial product advice, personal advice or general advice. Neither NowInfinity Pty Ltd (ABN 16 154 927 376) nor any of its related bodies corporate, nor any of their respective directors, officers, employees, contractors, agents or advisers, provides legal, accounting, taxation, financial, investment or other professional advice or services in connection with the Templates, Services or Materials. You are solely responsible for obtaining your own independent professional advice regarding your particular circumstances before relying on or acting on any information contained in the Templates, Services or Materials. |