We can prepare a deed of amendment to change the trustee of an existing discretionary trust. This may be to appoint, remove/retire or replace a Trustee. 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 in-house legal team will prepare a deed of Removal/Retirement and/or Appointment of Trustee, 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.If a New company will be appointed as trustee, you’ll need to order that online first.
The Change of Trustee documentation will be prepared in accordance with the rules as set out in the original trust deed, so will therefore vary for different deeds, but will usually include:
- Deed of Removal/Retirement and/or Appointment of Trustee
- Resolutions of the Retiring and new Trustee (if a company)
- Resolutions of the Appointors
- 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.