Change of Trust Name (Discretionary Trust)
We can prepare a deed of amendment to change the name of an existing discretionary trust. This amendment will be prepared by our in-house legal team in accordance with the terms of the deed, so we ask that you upload an executed copy of the original deed on the order.
Our legal team will prepare a Deed of Name change, which is a supplementary deed to be kept with the original trust deed. The deed and supporting documents will be prepared in accordance with the rules as set out in the original trust deed.
The Change of Trust name documentation will be prepared in accordance with the rules as set out in the original trust deed. Therefore, the documentation will vary for different trust deeds, but will usually include:
- Deed of Name Change - supplementary deed to be kept with original trust deed
- Trustee Resolutions (if the trustee is a company)
- Explanatory letter
Stamp duty may apply in relation to the deeds. Constitute is not liable for advising on stamp duty, paying the stamp duty or arranging for lodgment of the documents for stamping. In some states, there may be adverse stamp duty consequences as a result of these changes. We recommend calling the department responsible for State Revenue in the relevant State/Territory for further information on possible duty where there are transfers of property.
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