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  • Trust

    Trust

    • Acknowledgement of Trust (already own asset) - $165
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Trustee of Family Trust - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Release of Unpaid Trust Entitlement - $121
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • Superannuation

    Superannuation

    • Acknowledgement of Trust (already own asset) - $165
    • Commercial Lease - $275
    • Declaration of Trust (before you buy) - $110
    • Derivative Risk Statement for SMSF - $65
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Pension Pack for Self Managed Super - $299
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
  • Estate Planning

    Estate Planning

    • Codicil to change the Executor - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Power Of Attorney By Company - $99
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
  • Commercial

    Commercial

    • Advanced Legal Health Check for Businesses - $18
    • Buy a House with Friends Agreement - $110
    • Commercial Lease - $275
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Forgiveness of Debt - $121
    • Loan Agreement (No Security) - $110
    • Release of Unpaid Trust Entitlement - $121
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
  • Employment

    Employment

    • Confidentiality Agreement (Non Disclosure) - $99
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Independent Contractors Agreement - $110
    • Partnership Deed - $220
    • Statutory Declaration - $0
  • Company

    Company

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Registered Office kit - $33
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment Contract - $120
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Power Of Attorney By Company - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • Statutory Declaration - $0
    • Transfer of Shares Kit - $0
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • CPD Webinars

    CPD Webinars

    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Small Business Restructures and Director Penalty Notices - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
  • All documents

    All documents

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Advanced Legal Health Check for Businesses - $18
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Registered Office kit - $33
    • Change Trustee of Family Trust - $110
    • Codicil to change the Executor - $99
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Small Business Restructures and Director Penalty Notices - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Derivative Risk Statement for SMSF - $65
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Disclaimer - Email - $55
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Pension Pack for Self Managed Super - $299
    • Power Of Attorney By Company - $99
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Transfer of Shares Kit - $0
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
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Family Trust - Update to allow Sole Trustee

Family Trust - Update to allow Sole Trustee

Price ($AUD): $55
Platinum Price ($AUD): $44 [?]

Estimated Time to Build: 10 - 15 Minutes
Jurisdiction: Western Australia, South Australia, New South Wales, Queensland, Tasmania, Victoria
Printing and Binding (Optional) [?]:
• Regular Binding - $41.8

Click to Start
  • Overview
  • Checklist
  • Sample
  • Legal Tutor
  • Author
  • Each State and Territory of Australia has specific legislation which says that a Family Trust that was set up with two (2) or more Trustees cannot later be amended so that the Trust has less than two (2) human trustees, unless the Family Trust Deed specifically allows you to do so.

    If you want to change your Trust Deed so that you only have one Trustee but:
    1. your Trust Deed expressly says that you cannot vary the Trust to have less than two (2) human Trustees, or
    2. your Trust Deed is silent on this issue,
    then this is the document for you.

    Before using this document, legal advice should first be obtained on whether your current Family Trust Deed (as amended) can be varied in this way.
  • Download the Family Trust - Update to allow Sole Trustee Checklist

  • Download the Family Trust - Update to allow Sole Trustee Sample

    • Trust Details
      • What does “based in” mean?
      • Where do I find the date?
      Variation Of Trust
      • What does this mean?
      Date of variation
      • Where do I find the date?
      Settlor
      • How do I know who the Settlor is?
      Guardian
      • How do I know who the Guardian is?
      Appointor
      • I don't think my trust has an Appointor?
      • Is the Appointor the same as the Guardian?
      • My trust doesn't have an Appointor. It has a Moderator or a Controller.
      Appointor details
      • Where do I find the Appointor's name?
      • Is the Appointor the same as the Guardian?
      • What, no Appointor? Moderator? Nothing?
      Trustees
      • A Company as Trustee
      • A Human as Trustee
      Trustee’s Power
      • WARNING on amending a trust deed
      • Where do I find this information?
      Guardian's Consent
      • Where do I find this information?
      Appointor’s Consent
      • Where do I find this information?
      Clause number requiring multiple Trustees
      • Where do I find this information?

      Trust Details

      • What does “based in” mean?

        You need to find out where the Trust was established. Have a look in the Trust Deed for a clause saying which State’s law governs the Trust Deed. It might be called something like “Proper Law” or “Governing Law” and will say, for example, “This Deed is governed by the law in force in ... Western Australia”.

        This hint is provided by Law Central Legal.


        #

      • Where do I find the date?

        Usually, the date is put at the top of the very first page of the Trust Deed, but sometimes it’s at the end of the Trust Deed where people sign. For example, it might say “Dated this 23rd day of October 2010”.

        This hint is provided by Law Central Legal.


        #

      Variation Of Trust

      • What does this mean?

        Did you ever vary, change or update your Trust Deed? If you did, you should have a copy of a “Variation of Trust Deed” or “Trust Deed Update” or similar.

        This hint is provided by Law Central Legal.


        #

      Date of variation

      • Where do I find the date?

        Usually, the date is put at the top of the very first page of the Trust Deed, but sometimes it’s at the end of the Trust Deed where people sign. For example, it might say “Dated this 23rd day of October 2010”.

        This hint is provided by Law Central Legal.


        #

      Settlor

      • How do I know who the Settlor is?

        Usually, the very first page of the Trust Deed tells you who the Settlor is.
        You should see something like:
        “John Smith of 1 Jones Street, Sydney (“Settlor”)
        or
        “ABC Pty Ltd of 1 Jones Street, Sydney (“Settlor”)

        This hint is provided by Law Central Legal.


        #

      Guardian

      • How do I know who the Guardian is?

        Usually, the very first page of the Trust Deed tells you who the Guardian is.
        You should see something like:
        “Tom Smith of 1 Jones Street, Sydney (“Guardian”)
        or
        “ABC Pty Ltd of 1 Jones Street, Sydney (“Guardian”)

        This hint is provided by Law Central Legal.


        #

      Appointor

      • I don't think my trust has an Appointor?

        You may be right.

        If your Trust Deed is quite old (maybe from the 1980's or before) there may not be an Appointor or Guardian.

        If this is the case you need to speak to a lawyer. Law Central Legal is happy to help you. Call on 08 9476 4999.

        This hint is provided by Law Central Legal.


        #

      • Is the Appointor the same as the Guardian?

        Sort of.

        Strictly speaking, an Appointor and a Guardian have different jobs. However, in most modern Trust Deeds the Appointor and the Guardian are the same person.

        This hint is provided by Law Central Legal.


        #

      • My trust doesn't have an Appointor. It has a Moderator or a Controller.

        I am sorry to hear that.

        You need to get a lawyer to update your Trust Deed. Don't go any further.

        Your Moderator or Controller (or other strange title) probably does the same job as an Appointor or Guardian. However, there may be important differences. You should contact Law Central Legal on 08 9476 4999 and they can help you.

        This hint is provided by Law Central Legal.


        #

      Appointor details

      • Where do I find the Appointor's name?

        You need to look in the Trust Deed.

        Usually, the Appointor is found in the:
        1. Definitions section; or
        2. Schedule, at the back of the deed.

        This hint is provided by Law Central Legal.


        #

      • Is the Appointor the same as the Guardian?

        Sort of.

        Strictly speaking, an Appointor and a Guardian have different jobs. However, in most modern Trust Deeds the Appointor and the Guardian are the same person.

        This hint is provided by Law Central Legal.


        #

      • What, no Appointor? Moderator? Nothing?

        I am sorry to hear that.

        You need to get a lawyer to update your Trust Deed. Don't go any further.

        Your Moderator or Controller (or other strange title) probably does the same job as an Appointor or Guardian. However, there may be important differences. You should contact Law Central Legal on 08 9476 4999 and they can help you.

        This hint is provided by Law Central Legal.


        #

      Trustees

      • A Company as Trustee

        Select the "Company" button at the top of the page.

        Put in the full name of the Company. For example, "Smith Enterprises Pty Ltd".

        Type in the ACN (Australian Company Number). If you don't know your ACN, WizardDocs leaves space for you to write it in later.

        This hint is provided by Law Central Legal.


        #

      • A Human as Trustee

        Select the "Human" button.

        Put in the human's full name and address.

        This hint is provided by Law Central Legal.


        #

      Trustee’s Power

      • WARNING on amending a trust deed

        Recent case law has held that should the power to amend the trust deed be not sufficiently broad, then the trustee may not be allowed to amend the deed in a particular way resulting in the amendment being invalid.

        The case of Mercanti v Mercanti [2015] WASC 297 highlights this point.

        In that case amendments to 2 trusts were considered. Each trust deed had a different variation clause. One variation clause was broader to the extent that it allowed the trustee to “vary all or any of the trusts, terms and conditions”. The other variation clause was restricted to allowing the trustee to “vary all or any of the trusts”.

        The amendments considered in that case were allowed in the trust with the broader variation clause, but not the other.

        Please seek legal advice on the important issue of whether the variation clause in your deed allows the amendment contemplated.

        This hint is provided by Law Central Legal.


        #

      • Where do I find this information?

        You’ll need to read your Trust Deed to see if this is one of the Trustee’s powers. For example, In the LawCentral Family Trust Deed, the power is contained in a clause called “How do I vary this Family Trust?” It says “The Trustee may amend the terms of this Deed with the consent of the Guardian.”

        This hint is provided by Law Central Legal.


        #

      Guardian's Consent

      • Where do I find this information?

        You’ll need to read your Trust Deed to see if the Trustee needs the consent of the Guardian. For example, In the LawCentral Family Trust Deed, the requirement is contained in a clause called “How do I vary this Family Trust?” It says “The Trustee may amend the terms of this Deed with the consent of the Guardian.”

        This hint is provided by Law Central Legal.


        #

      Appointor’s Consent

      • Where do I find this information?

        You’ll need to read your Trust Deed to see if the Trustee needs the consent of the Appointor. For example, In the LawCentral Family Trust Deed, the requirement is contained in a clause called “How do I vary this Family Trust?” It says “The Trustee may amend the terms of this Deed with the consent of the ... (in this case it is the Guardian)...”

        This hint is provided by Law Central Legal.


        #

      Clause number requiring multiple Trustees

      • Where do I find this information?

        You’ll need to read your Trust Deed to find this out. For example, In the LawCentral Family Trust Deed, the relevant clause is called “Is one trustee enough?”

        This hint is provided by Law Central Legal.


        #

  • This document has been prepared by the law practice Law Central Legal

    Law Central Legal

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