You are here
Sections: s38 (2)

Lodgement category: ELM

Circumstances/Transactions:

A declaration of trust that has been made due to the breakdown of the marriage or domestic relationship of the settlor. 

Evidence:

  1. A copy of the order of the Family Court, if one exists
  2. A statutory declaration by the settlor stating:
    1. The capacity of the person making the declaration.
    2. Whether the declaration of trust is made by reason of the breakdown of the marriage or domestic relationship of the settlor.
    3. Whether the settlor is or was a party to the marriage or domestic relationship.
    4. Whether any person other than a party to the marriage or domestic relationship, or a child of one or both of the parties to the marriage or domestic relationship is a beneficiary under the trust.