Australia ▾
  Australia   New Zealand
Join Now

Home | Price List | Contact

Login
Forgot your password?
  • 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
  • Bulletin

Join
it's free

Join Now Join Now

Need legal advice or a specially customised legal document?

Contact our partner law practice

Click here to arrange a quote

Support - Help is here

Support
help is here

  • FAQ
  • Enquire Online
  • Contact Us
0
Family Trust - Update to Allow Change of Appointor and Guardian

Family Trust - Update to Allow Change of Appointor and Guardian

Price ($AUD): $165
Platinum Price ($AUD): $150 [?]

Estimated Time to Build: 5 - 10 Minutes
Jurisdiction: Australia Wide
Printing and Binding (Optional) [?]:
• Regular Binding - $41.8

Click to Start
  • Overview
  • Checklist
  • Sample
  • Legal Tutor
  • Author
  • If the Appointor and Guardian want to retire as Appointor and Guardian of a specific Family Trust and appoint another person or entity in their place, then it is necessary for the Family Trust Deed to allow this to occur.

    The Family Trust – Update to Allow Change of Appointor and Guardian is a document that varies the Family Trust Deed to allow the Appointor and Guardian to retire and appoint another person or entity in their place.

    This document is appropriate where the Family Trust Deed is silent on this issue.

    Once you have completed this document you can build Change Appointor and/or Guardian of Family Trust to change the Appointor and Guardian and appoint another person or entity in their place.

    Before using this document, legal advice should first be obtained on:

    1. whether your current Family Trust Deed (as amended) allows the Appointor and Guardian to retire and appoint another person or entity in their place;

    2. whether your current Family Trust Deed (as amended) can be varied to allow for a change of Appointor and Guardian; and

    3. the significant legal consequences of having your current Family Trust Deed varied in this particular way.
  • Checklist is not available for this document.

  • Sample is not available for this document.

    • Resignation of Appointor and Guardian
      • What if my Trust Deed says the Appointor and Guardian cannot resign?
      • Is it ok if the Trust Deed is silent?
      Power to Vary Trust Deed
      • WARNING on amending a trust deed
      • What does this clause look like?
      Trust Details
      • What do I need to complete this document?
      • What is the Trust's name? I can't find it.
      Trust Amendments
      • How do I know if the Trust has been amended before?
      • Where do I find the date of any Deed of Amendment or Deed of Variation?
      Trust Amendment Dates
      • How do I know if the Trust has been amended before?
      • Where do I find the date of any Deed of Amendment or Deed of Variation?
      Trustee Details
      • Is the Trustee human or a company?
      • Can I insert a business name into the Party Details?
      • What is an ACN?
      Controller Details
      • Does the Trust Deed refer to a Controller (i.e. a Guardian)?
      • Controller Details
      • I have a Law Central Family Trust. Where do I look for this?
      Clause Number
      • My Trust Deed has been amended. What number should I use?

      Resignation of Appointor and Guardian

      • What if my Trust Deed says the Appointor and Guardian cannot resign?

        If your Trust Deed expressly says that the Appointor and Guardian cannot resign and appoint a replacement Appointor and Guardian in their place, then we recommend that you contact Law Central Legal on (08) 9476 4999 or by email on support@lawcentral.com.au to obtain legal advice.

        This hint is provided by Law Central Legal.


        #

      • Is it ok if the Trust Deed is silent?

        Yes, that is fine.

        You should answer "no" to this question and continue building this document if your Trust Deed is silent on whether the Appointor and Guardian can resign and appoint a replacement Appointor and Guardian in their place.

        This hint is provided by Law Central Legal.


        #

      Power to Vary Trust Deed

      • 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.


        #

      • What does this clause look like?

        In the current Law Central Family Trust, it is clause 22 and is called "How do you vary this Family Trust?".

        This clause begins with the following:
        "The Trustee may amend the terms of this Deed with the consent of the Guardian......"

        This hint is provided by Law Central Legal.


        #

      Trust Details

      • What do I need to complete this document?

        To start with you need to have your original Trust Deed to obtain the answers to these questions:

        1. Does the Trust Deed contain a clause which allows the Appointor and Guardian to resign and appoint a replacement Appointor and Guardian in their place?
        2. Does the Trust Deed contain a clause allowing the Trust Deed to be varied to allow for a change of Appointor and Guardian?
        3. What is the name of the Trust?
        4. When was the Trust Deed signed? (i.e. what is the date of the Trust Deed?)
        5. Has the Trust Deed been amended? If so, on what dates?
        6. Who is the Trustee(s) of the Trust?
        7. Who is the Controller (i.e. the Guardian) of the Trust?

        The name of the Trust and the date the Trust Deed was signed are generally on the front of the Trust. If not, it may be on the last page where the signing clauses are.

        Generally in the first few pages, there is a definition section, so the names of the Trustee and the Controller should all be there.

        The answers to the above may also be in a Deed of Variation or Deed of Amendment (if any).

        8. What is the last whole clause number of the Trust Deed? (that is, the original Trust Deed, but include any additional clauses which may have been inserted into the Trust Deed by way of any Deeds of Variation or Deeds of Amendment. For example, if your original Trust Deed ended at clause 12 and a Deed of Variation inserted a new clause 13 into the Trust Deed, the last whole clause number of the Trust Deed is 13.)

        This hint is provided by Law Central Legal.


        #

      • What is the Trust's name? I can't find it.

        Every Trust has a name. The name may be on the cover page, front page or in the last few pages of the Trust Deed.

        The Trust name is often named after the person that asked for the Trust in the first place. For example, if the accountant set up a Trust for Mr Smith then the Trust may be called the "Smith Family Trust".

        This hint is provided by Law Central Legal.


        #

      Trust Amendments

      • How do I know if the Trust has been amended before?

        Generally you will have another document that says eg: "Deed of Amendment to the Johnson Family Trust" or "Deed of Variation to the Johnson Family Trust". You need to note all amendments or variations that have been made to the Trust Deed. If you are not sure, you may need to seek legal advice.

        This hint is provided by Law Central Legal.


        #

      • Where do I find the date of any Deed of Amendment or Deed of Variation?

        The date of the Deed of Amendment or Deed of Variation is generally on the front of the document. If not, it may be on the last page where the signing clauses are.

        This hint is provided by Law Central Legal.


        #

      Trust Amendment Dates

      • How do I know if the Trust has been amended before?

        Generally you will have another document that says eg: "Deed of Amendment to the Johnson Family Trust" or "Deed of Variation to the Johnson Family Trust". You need to note all amendments or variations that have been made to the Trust Deed. If you are not sure, you may need to seek legal advice.

        This hint is provided by Law Central Legal.


        #

      • Where do I find the date of any Deed of Amendment or Deed of Variation?

        The date of the Deed of Amendment or Deed of Variation is generally on the front of the document. If not, it may be on the last page where the signing clauses are.

        This hint is provided by Law Central Legal.


        #

      Trustee Details

      • Is the Trustee human or a company?

        You can have a Human Trustee or a Company Trustee, or you can have both at the same time.

        If the Trustee is Human: insert the Trustee’s first name into the First Name field, the Trustee’s middle name into the Middle Name field and the Trustee’s surname into the Surname field.
        If the Trustee is a Company: insert the name of the Company into the Company Name field.
        Insert the ACN (Australian Company Number) into the ACN field.

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name into the Party Details?

        No. Only legal entities such as a human or a company can enter into an agreement.
        Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts.

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001, every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;
        • statements of account, including invoices;
        • receipts (which are not machine-produced);
        • orders for goods and services;
        • business letterheads;
        • official company notices;
        • cheques, promissory notes and bills of exchange; and
        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      Controller Details

      • Does the Trust Deed refer to a Controller (i.e. a Guardian)?

        This is the person or entity named in the Trust Deed whose permission is required to vary the Trust Deed. The Controller is usually referred to as the "Guardian".

        This hint is provided by Law Central Legal.


        #

      • Controller Details

        The Controller is usually a human, and can be one or more of the Human Trustees (or one or more of the directors of a Company Trustee).

        Insert the Controller's first name into the First Name field, the Controller’s middle name into the Middle Name field and the Controller's surname into the Surname field.

        This hint is provided by Law Central Legal.


        #

      • I have a Law Central Family Trust. Where do I look for this?

        In the current Law Central Family Trust, clause 22 is called "How do you vary this Family Trust?".

        This clause begins with the following:
        "The Trustee may amend the terms of this Deed with the consent of the Guardian......"

        Check the definitions at the front of the Trust Deed for the name of the Guardian.

        This hint is provided by Law Central Legal.


        #

      Clause Number

      • My Trust Deed has been amended. What number should I use?

        You need to work out what is the last whole clause number of the Trust Deed.

        Look at the original Trust Deed, but also include any additional clauses which may have been inserted into the Trust Deed by way of any Deeds of Variation or Deeds of Amendment.

        For example, if your original Trust Deed ended at clause 12 and a Deed of Variation inserted a new clause 13 into the Trust Deed, the last whole clause number of the Trust Deed is 13.

        This hint is provided by Law Central Legal.


        #

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

    Law Central Legal Logo

    Liability limited by a scheme approved under Professional Standards Legislation

  • Legal Documents Online
  • Trust
  • Superannuation
  • Estate Planning
  • Commercial
  • Employment
  • Company
  • CPD Webinars
  • All Documents
  • Price List
  • Join Us
  • Join for Free
  • Memberships
  • About Law Central
  • About Us
  • * Our Guarantee
  • Printing and Binding
  • Site Map
  • Terms and Conditions
  • Privacy Policy
  • Disclaimer
  • Support
  • FAQ
  • Contact Us
  • Feedback
  • Connect
You should follow us on Twitter Subscribe to our RSS feed Follow us on Linked In Subscribe to our Legal Bytes channel

Copyright © 2000-2025 Law Central Co Pty Ltd ABN 98 091 824 225
Site Map | Terms and Conditions | Privacy Policy | Disclaimer