A party affected by a lost trust deed would expect much
inconvenience and frustration.
This article examines the two main pathways available and the
relevant pointers that will come in handy should you be placed in
such a circumstance.
On the outset, it is prudent to ascertain whether the missing
deed can be located from another source.
A good starting point would be to make enquiries with the
following third parties:
- Presumed current and past trustees
- Presumed Settlor
- Legal Representatives or Accountants
- Bank(s)
- Presumed beneficiaries
Should an executed or stamped copy of the deed of trust be
found, then it should constitute sufficient evidence under the
Evidence Act 1995 (Cth).
