Checklist · Trusts & Estate Planning

Checklist: AI-assisted review of existing trust deeds and variations

Step-by-step controls for using an AI tool to extract vesting, control, amendment, beneficiary and election details from scanned trust deeds, with verification against signed originals and a sign-off record.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use whenever a lawyer or paralegal uses an AI tool to read, summarise or table an existing trust deed and its variations, for example before a distribution, a variation, a change of trustee or estate planning. Do not use it as a substitute for the lawyer reading the operative clauses.

How AI may be used

AI may extract and tabulate clause content with references from a complete, legible deed chain in an approved tool. Every extracted item is verified against the signed originals by a person, and conclusions about validity, vesting or tax effect stay with the lawyer.

AI may

  • Extract trustee, appointor, beneficiary, vesting, income, amendment and election clauses into a table with clause and page references
  • Put the deed chain in date order and flag missing pages, unsigned copies and inconsistent definitions
  • Highlight clauses that refer to foreign persons, family trust elections or default beneficiaries

AI must not

  • Must not be used with a tool whose terms allow training on uploaded documents or that the firm has not approved for client data
  • Must not be treated as having read a deed it was given only in part, or as resolving conflicts between versions
  • Must not decide whether a variation was valid, whether the trust has vested, or whether a distribution is effective

The lawyer checks

  • Every row of the extraction table is checked against the signed original, with the checker's initials
  • The deed chain is complete and each variation was valid under the power then in force
  • Conclusions on vesting, control, beneficiaries and tax are the lawyer's and recorded in the file note
  • The AI tool, version and date used are recorded in the file

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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