Other · Trusts & Estate Planning
Trustee resolution and checklist on the vesting of a discretionary trust
A trustee resolution recording that a discretionary trust has vested or will vest on its vesting date, who takes the trust property under the deed's vesting clause, what the trustee will do, and a checklist covering the deed, the ATO's views on vesting, and records.
- Kind
- Other. A precedent that fits none of the other kinds.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 2 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a discretionary trust is approaching its vesting date or vesting event under the deed, or when it is discovered that the vesting date has passed. Check first whether the deed permits the vesting date to be extended before it arrives; after vesting it is too late to change it.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may extract the vesting date, vesting clause, default beneficiaries and any extension power from the deed and variations and fill the resolution and checklist; a lawyer decides when the trust vests, who takes, and the trust law and tax consequences.
AI may
- Extract the vesting date or event, the vesting clause, default takers and any power to change the vesting date from the deed and every variation
- Calculate the date from the deed's definition and flag any uncertainty
- List the trust assets and the records that will need updating
AI must not
- Must not decide that the vesting date has or has not passed where the deed or a variation is unclear
- Must not recommend extending the vesting date or exercising any power to do so
- Must not calculate tax consequences of vesting for any beneficiary
The lawyer checks
- Vesting date or event confirmed from the deed as validly varied, and whether it has already occurred
- Any extension power, its limits and the perpetuity period checked before the date, and whether a court application is needed
- Who takes on vesting, in what shares, and whether the trust continues as a fixed trust or must be wound up
- Tax consequences considered against the ATO's views in TR 2018/6, and beneficiaries advised to get their own advice
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Trusts & Estate Planning
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- Letter from a beneficiary requesting trust documents and information from the trustee
- Family trust election, revocation or variation (ATO approved form): completion guide
- Deed of variation of trust deed (with resettlement analysis worksheet)
- Testamentary discretionary trust clauses for a will
- Checklist: AI-assisted review of existing trust deeds and variations
All precedents for Trusts & Estate Planning · Tasks and AI use in this area