This document is a template deed of indemnity between trustee and appointor.
In most cases a discretionary or family trust will contain provisions by virtue of which the trustee is indemnified in relation to its lawful exercise of duties as a trustee. However, if these provisions are missing from the original trust deed, and in order not to cause a resettlement of trust (which has capital gains and other tax implications), this deed can be used by the parties to achieve the same purpose.
For a template trust deed, see precedent “Deed establishing discretionary trust” and “Unit trust deed”.
This document has been authored for Lexis Nexis by Selwyn L Black Peter D Carroll, Carroll & O’Dea and updated by Jane Garber-Rosenzweig, Gable Lawyers.
This document is prepared with the assistance of Specialist Editor Stephen Newman, Executive Counsel, Ponte Earle.