WA Discretionary trust - trustee dies

[Angela Attwell]

What happens where the trustee dies and the trust document is missing?
There is a reasonable amount of funds in the trust bank account and I was a beneficiary of the trust. The trust account does not appear to be listed at probate as I have been told it does not form part of the estate. The executor is dodgy and likely has the trust deed but has denied this.
My sister and I were the sole beneficiaries listed ( besides my uncle the trustee who recently died) on the trust tax returns. I called my uncles accountant but she said she does not have the trust deed. What should I do please?

 

[Atticus]

Have you checked with the bank holding the funds?.. Maybe they needed to sight the deed & have a copy...Don't know but just a thought.

 

[Rob Legat - SBPL]

If the trust owns real property (e.g. land, apartment or house) then the titles office may have a copy with their transfer registration.

 

[Angela Attwell]

Have you checked with the bank holding the funds?.. Maybe they needed to sight the deed & have a copy...Don't know but just a thought.

Thanks- I did check and the bank said it does not keep a copy just sighted the deed.
It was set up a long time ago. What happens to the trust now if the deed cannot be located and the Trustee has died?

 

[Angela Attwell]

If the trust owns real property (e.g. land, apartment or house) then the titles office may have a copy with their transfer registration.

Thank you.
My uncle was a crusty old bachelor. By the time he died a few months ago he owned no property. My father is the executor of his will. There is not much left to divide up between my father and his other brother ( who lives overseas). My Dad said there’s about $46,000 in the Trust account and my sister and I were wondering what we can do as the trust deed cannot be located. We only became aware we were the beneficiaries as there were some of his old Trust tax returns amongst his papers listing Susan and I on them. What can we do?