37Establishment of a trust relating to unidentified property and non‑dutiable property

37 Establishment of a trust relating to unidentified property and non‑dutiable property (1) Duty of $200 is chargeable in respect of an instrument executed in Victoria that declares a trust over Victorian property none of which is dutiable property. (2) Duty of $200 is chargeable in respect of an instrument executed in Victoria that declares that property, although not identified in the instrument, when vested in the person executing the instrument is to be held in trust for a person or persons or a purpose or purposes mentioned in the instrument. (3) It is immaterial whether or not the beneficial owner or person entitled to appoint the property has joined in or assented to the instrument. (4) A liability for duty charged by this section arises when the instrument is executed. (5) Duty charged by this section is payable by the person declaring the trust.