Bare trust template download 2026

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The document is a Bare Trust and Agency Agreement between a Bare Trustee and an Owner, outlining the terms under which the Bare Trustee holds legal title to a property on behalf of the Owner. It establishes the responsibilities of the Bare Trustee as a nominee and agent for the Owner, ensuring that all benefits and interests related to the property belong solely to the Owner. The agreement includes provisions for managing the property, reimbursement of expenses, indemnity, governing law, and conditions for amendments.

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Click ‘Get Form’ to open the bare trust template in the editor.
Begin by filling in the date at the top of the form, indicating when the agreement is being executed.
In the 'BETWEEN' section, enter the names and addresses of both the Bare Trustee and the Owner. Ensure accuracy as this information is crucial for legal identification.
Next, specify the property details including its street address and legal description. This ensures clarity on what property is being held in trust.
Proceed to complete sections regarding appointments and agreements. Clearly outline responsibilities and powers of both parties as per your understanding.
Finally, ensure all signatures are collected at the end of the document. Each party must sign in front of a witness to validate the agreement.

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Does a bare trust need to be written?

Create the trust deed: While a formal deed is not always necessary for a bare trust, it is advisable to have a written document that outlines the trusts terms, the beneficiarys entitlement, and the duties of the trustees.

How to draft a trust deed template?

A trust deed serves as the constitution of a trust and must include: Name of the Trust. Settlor (Founder) Details. Trustees and Their Powers. Beneficiaries. Objective of the Trust. Management of Trust Property. Mode of Dissolution (if applicable)

What is an example of a bare trust?

The most common example of a bare trust is when a parent or grandparent (the settlor) wants to help out a child financially as they enter adult life. For example, they might place 10,000 in investments for their grandchild in that trust.

When should a bare trust be set up?

For NSW, TAS and ACT, the Bare Trust must be signed and dated after the purchase contract date. For WA and QLD, the Bare Trust Deed must be signed and dated before or on the purchase contract date. For VIC and SA, the Bare Trust must be signed and dated after the purchase contract date but before settlement.

How do you structure a bare trust?

The process of creating a bare trust involves appointing a trustee (or nominee) to be legal owner of the property and hold the legal title on behalf of the beneficial owner.

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Is a joint bank account a bare trust?

Over the past year, there has been a noticeable rise in CRA enforcement around bare trusts. These are arrangements where one person holds legal title to an asset, such as a joint bank or investment account, on behalf of someone else who is the true beneficial owner.

Can you set up a bare trust yourself?

You can either engage a solicitor to prepare the trust deed for you, or create one yourself. Given the simplicity of the bare trust deed it is common for people setting up a trust to produce it themselves.