Losing an original trust deed creates issues. Replacing the deed may trigger tax implication, deed of ratification poses challenges and seeking court advice is costly and complex. Robust systems are crucial.

The New South Wales Supreme Court has reconvened for a second time, this time addressing the implications of a lost trust deed.  This decision highlights the crucial responsibility of trustees to properly preserve trust deed documents, not only to maintain the trust’s validity but also to prevent adverse outcomes, such as taxation or duties.