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, 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.