Right of Access – Section 84B

As well as having rights of access to certain “Trust Documents” under the general law, persons with a “beneficial interest” in trusts established in South Australia have a right of access to prescribed “Trust Documents” under statutory law persuant to the Trustee Act 1936 (SA).

It is a requirement under Section 84B of the Trustee Act 1936 (SA) that a trustee produce the Trust Deed and Deeds of Variation as prescribed by the Trustee Regulations 2011.

Regulation 5(d) of the Trustee Regulations 2011 requires a trustee to produce:

(d) each deed, agreement or other instrument varying distribution of the trust property or a stamped duplicate of any such deed, agreement or instrument;

This right of access has been confirmed by the Deputy Premier and Attorney-General of South Australia in a letter dated 13 February 2013.

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